Fulps v. . Mock
Supreme Court of North Carolina
Appeal from Merrimon, J, at Spring Term, 1891, of Alexander Superior Court. The complaint alleged “that defendant is justly indebted to the plaintiff in the sum of eighteen hundred dollars for services performed by the plaintiff for the defendant, as miller in defendant’s mill, and for attending defendant’s fishery, and for services on defendant’s farm, from the 1st day of March, 1881, to the 15th day of November, 1889, at $25 per month,” and a demand and refusal to pay.
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Appeal from Merrimon, J, at Spring Term, 1891, of Alexander Superior Court. The complaint alleged “that defendant is justly indebted to the plaintiff in the sum of eighteen hundred dollars for services performed by the plaintiff for the defendant, as miller in defendant’s mill, and for attending defendant’s fishery, and for services on defendant’s farm, from the 1st day of March, 1881, to the 15th day of November, 1889, at $25 per month,” and a demand and refusal to pay. The answer denied the allegations of the complaint, pleaded the statute of limitations and a counterclaim for board and…
1Opinion of the Court
Clark, J.:
The defendant seems to have misconceived the scope of the action. The Court below did not “allow plaintiff to abandon his cause of action set out in the complaint and to recover on a special contract set out in the replication.” The plaintiff, by his complaint, was seeking to recover the value of his services from 1881 to 1889. On the trial he abandoned any claim for services from 1881 to 1883. To this defendant did not and could not object. To prove his right to recover the value of his services from 1883 to 1889, without being subject tr counterclaim for board, and to bar the…
2Cases cited3 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Lewis v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1886
- Moore v. EdmistonSupreme Court of North Carolina · 1874
3Cited by14 opinions
- Sams v. . PriceSupreme Court of North Carolina · 1896
- Alley v. Howell.Supreme Court of North Carolina · 1906
- Holden v. . WarrenSupreme Court of North Carolina · 1896
- A. L. Webb & Sons v. HicksSupreme Court of North Carolina · 1895
- Brittain v. . PayneSupreme Court of North Carolina · 1896
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