Legal Opinion

Grimes v. City of Lexington

Supreme Court of North Carolina

Decided January 3, 1940PublishedCited by 1 opinion

1Opinion of the CourtStacy, C. J.

The case turns on the sufficiency of the defendant’s answer to withstand a motion for. judgment on the pleadings.

Firstly, it is contended that the disavowal of information sufficient to form a belief and the cautious denial “for the purposes as alleged by the plaintiff,” render the pleading ineffectual in law, Streator v. Streator, 145 N. C., 337, 59 S. E., 112, and thus entitle the plaintiff to judgment for want of an answer as a matter of right. Alford v. McCormac, 90 N. C., 151; Harkey v. Houston, 65 N. C., 137.

The position would doubtless he correct if all the material allegations of the…

2Cases cited11 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Avery v. . StewartSupreme Court of North Carolina · 1904
  3. Godwin v. Telephone Co.Supreme Court of North Carolina · 1904
  4. Alford v. . McCormacSupreme Court of North Carolina · 1884
  5. Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Farr v. City of Rocky MountCourt of Appeals of North Carolina · 1970

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