Brown v. . Cooper
Supreme Court of North Carolina
Civil AotioN tried at Fall Term, 1883, of MeckleNbuug Superior Court, before Gilmer, J. This action was brought in the superior court of Mecklenburg county against the defendant upon a lost bond, and after a complaint and answer had been duly filed, the parties obtained leave to amend their pleadings.
Read the full summary
Civil AotioN tried at Fall Term, 1883, of MeckleNbuug Superior Court, before Gilmer, J. This action was brought in the superior court of Mecklenburg county against the defendant upon a lost bond, and after a complaint and answer had been duly filed, the parties obtained leave to amend their pleadings. The plaintiff alleged in the amended complaint, in separate paragraphs, substantially, as follows: 1. That about the month of May, 1857, the defendant’s intestate and one Clanton executed their note under seal to Eliza Cathey for the sum of $230, due one day after date. 2. That no part of the…
1Opinion of the CourtAshe, J.
There is no force in the first exception. The answer of the defendant must contain a general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. The Code, §243 (1).
I't has been repeatedly held by this court that a general denial, that “no allegation of the complaint is true,” is not a sufficient answer under this section of The Code, because such a plea may put in one issue several matters of fact, some of which are triable by the court, and others by the jury. Flack v. Dawson,…
2Cases cited1 opinion
- Flack. Adm'r v. . Dawson .Supreme Court of North Carolina · 1873
3Cited by2 opinions
- Clanton v. . PriceSupreme Court of North Carolina · 1884
- Newspaper Feature Service, Inc. v. Southern Publishing Co.Louisiana Court of Appeal · 1916