Harris v. . Johnson
Supreme Court of North Carolina
Appeal from the judgment of a Justice fof the Peace, tried before Watts, J-, at Spring Term, 1871, of Northampton Superior Court.
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Appeal from the judgment of a Justice fof the Peace, tried before Watts, J-, at Spring Term, 1871, of Northampton Superior Court. The plaintiff's held two single bills on the defendants, the principal of which amounted to less than two hundred dollars, and issued separate warrants on each, on the 22d of September, 1869. The defendants in their answer, as a bar to the action, alleged that prior to issuing the warrants by the Justice of the Peace, the plaintiffs had consolidated both single bills, and brought suit thereon to Spring Term, 1867,'of the Superior Court of law of Northampton County,…
1Opinion of the CourtDick, J.
The defendants allege in their answer, by way of defence, that the plaintiffs have another suit against these defendants, now pending in the Superior Court of Northampton County, for the same cause; which said suit was commenced before this action was instituted.
There was a demurrer filed to this answer, and on the argument of the demurrer, all the allegations of fact in the answer, must be taken as true. As the matter does not appear on the face of the complaint, the defence was properly set up in the answer, and is in the nature of a plea in abatement of the present action.
The pendency of a…
2Cases cited1 opinion
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
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