Nicholson v. Commissioners of Dare County
Supreme Court of North Carolina
Civil action for mandamus tried at Spring Term, 1897, of Currituck Superior Court before Bryan. Jon complaint and demurrer. The defendant demurred ore terms to the complaint, and moved to dismiss the action upon the ground that the complaint did not contain facts sufficient to constitute a cause of action, in that it did not contain the allegations required in section 757 of The Code of North Carolina.
Read the full summary
Civil action for mandamus tried at Spring Term, 1897, of Currituck Superior Court before Bryan. Jon complaint and demurrer. The defendant demurred ore terms to the complaint, and moved to dismiss the action upon the ground that the complaint did not contain facts sufficient to constitute a cause of action, in that it did not contain the allegations required in section 757 of The Code of North Carolina. The Court sustained the demurrer, and said the action should be dismissed. Before the judgment dismissing the same was signed, the plaintiff asked leave to amend, so as to embrace the language…
1Opinion of the Court
Furches, J.:
This is an action of mandamus to enforce-the payment of a judgment of the County of Currituck against the County of Dare, which judgment, the plaintiff alleges in her complaint, has been assigned to her and that-she is the.owner thereof. These allegations were denied by defendant’s answer, and this court has twice held that the plaintiff’s testimony failed to show that she was the assignee and owner of this judgment. 119 N. C., 20, and 118 N. C., 30.
But when the case came on for trial at Spring Term, 1897, the defendant abandoned its answer and demurred ore terms to the complaint;…
2Cases cited5 opinions
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- Sheldon v. City of AshevilleSupreme Court of North Carolina · 1896
- Frisby v. Town of MarshallSupreme Court of North Carolina · 1896
- Nicholson v. Commissioners of Dare CountySupreme Court of North Carolina · 1896
- Nicholson v. Commissioners of Dare CountySupreme Court of North Carolina · 1896
3Cited by6 opinions
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- Sugg v. . GreenvilleSupreme Court of North Carolina · 1915
- Neal v. Town of MarionSupreme Court of North Carolina · 1900
- Sugg v. Town of GreenvilleSupreme Court of North Carolina · 1915
- Carteret County v. Sovereign Camp, Woodmen of the WorldCourt of Appeals for the Fourth Circuit · 1935
1 more not listed; retrieve them via the Exa API.