Jones v. . Best
Supreme Court of North Carolina
This was a civil action for the recovery of land, in which the plaintiff filed her complaint duly verified at November Term, 1896, of Greeke Superior Court, within the first three days thereof, at which term the defendant was allowed thirty days in which to file his answer and undertaking, or comply with the Statute. At February Term, 1897, the defendant having failed to answer, the plaintiff moved for judgment for want of an answer.
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This was a civil action for the recovery of land, in which the plaintiff filed her complaint duly verified at November Term, 1896, of Greeke Superior Court, within the first three days thereof, at which term the defendant was allowed thirty days in which to file his answer and undertaking, or comply with the Statute. At February Term, 1897, the defendant having failed to answer, the plaintiff moved for judgment for want of an answer. The defendant moved to be allowed, then, to file answer, and to defend without giving bond. The defendant’s motion was denied, and the Court gave the judgment…
1Opinion of the Court
MONTGOMERY, J.:
This action was instituted for the-possession of a piece of land which the plaintiff alleged was being unlawfully withheld from her by the defendant. No answer was filed, and for want of answer judgment was rendered against the defendant for the possession of the land, without damages. The counsel of the defendant insisted here that, under section 385 of The Code, such judg ment was not lawful. Section 390 of The Code, however, provides that in actions like the present one the plaintiff is entitled to judgment for the relief demanded in the complaint unless the defendant files…
2Cited by9 opinions
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- Morris v. WilkinsSupreme Court of North Carolina · 1955
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