Dunn v. . Barnes, Adm'r
Supreme Court of North Carolina
This was a civil action, for the recovery of money only,, tried before Watts, J., at Spring Term, 1875, Halifax Superior Court.
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This was a civil action, for the recovery of money only,, tried before Watts, J., at Spring Term, 1875, Halifax Superior Court. The plaintiff alleged that Margaret Dunn, the defendant’s intestate, on the 27th day of December, 1865, executed a promissory note, whereby she promised to pay, twelve months after date with interest from date, to L. L. Dunn and F. M. Parker, executors of B. W. Dunn deceased, the sum of six hundred and seventy two dollars and seventy-five cents in gold, or its equivalent. That said Margaret ’died on or about the first day of January, 1873, and defendant was appointed…
1Opinion of the CourtByNum, J.
The Court did not err in overruling the demurrer, and we concur also, that the demurrer was frivolous. In such case the right to answer over, is not a matter of course, but depends upon the sound discretion of the Court. C. 0. P., 131.
A demurrer to a complaint does not lie at all except in one •of the following cases :
1. Where it appears from the face of the complaint, that the Court has no jurisdiction of the.person of the defendant, or the subject of the action.
2. That the plaintiff has no legal capacity to sue.
8. That there is another action pending between the same parties for the same…
2Cases cited6 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- R. M. Oates v. . W. G. GraySupreme Court of North Carolina · 1872
- Mitchell v. . Henderson and AnotherSupreme Court of North Carolina · 1869
- Brown v. . FoustSupreme Court of North Carolina · 1870
- Garrett v. . SmithSupreme Court of North Carolina · 1870
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3Cited by20 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
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