Huggins v. . Waters
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at March Term, 1914, of SAMPSON. Civil action. Judgment was rendered upon the pleadings, viz.: “That this cause coming on to be beard before bis Honor, H. W. Whedbee, and a jury, and being beard, and it appearing to the court that on_ day of-, 19 — , the plaintiff instituted this action against T. N. Waters and on the same day instituted another action against F. K. Borden, and that the complaints in both actions were filed on the same…
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Appeal by plaintiff from Whedbee, J., at March Term, 1914, of SAMPSON. Civil action. Judgment was rendered upon the pleadings, viz.: “That this cause coming on to be beard before bis Honor, H. W. Whedbee, and a jury, and being beard, and it appearing to the court that on_ day of-, 19 — , the plaintiff instituted this action against T. N. Waters and on the same day instituted another action against F. K. Borden, and that the complaints in both actions were filed on the same day, and that both actions were brought to recover damages against each of the defendants separately for the same cause,…
1Opinion of the CourtBeowN, J.
We think the learned and able judge who tried this case misconceived the true purport and meaning of the judgment in Huggins v. Waters, 154 N. C., 444.
The only point decided in that case is that the alleged cause of action against Waters and the alleged cause of action against Borden could not be combined in the same action. The allegations of the complaint in that case, taken to be true, made out a cause of action arising ex contractu and based upon an implied covenant of quiet enjoyment. In that opinion the canse of action against Waters is stated as follows: “It is alleged, and evidence…
2Cases cited2 opinions
- Sloan v. . HartSupreme Court of North Carolina · 1909
- King v. ReynoldsSupreme Court of Alabama · 1880
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