James v. Western North Carolina Railroad
Supreme Court of North Carolina
(defendant’s appeal.) This is the defendant’s appeal in the case between the same parties, the plaintiff’s appeal in which is reported ante on page 523. Defendant excepted to the permission granted to the plaintiff to file a reply to the answer which did not contain a counter-claim, also to the issues submitted.
Read the full summary
(defendant’s appeal.) This is the defendant’s appeal in the case between the same parties, the plaintiff’s appeal in which is reported ante on page 523. Defendant excepted to the permission granted to the plaintiff to file a reply to the answer which did not contain a counter-claim, also to the issues submitted. On the trial the defendant requested his Honor to instruct the jury that there was no evidence -upon which the plaintiff could recover, but its case on appeal does not set out the evidence or contain the statement that there was no evidence.
1Opinion of the Court
ClakK, J.:
The first exception is without merit. Though, no counter-claim is pleaded, the Court can order a reply to be filed to matters of defence set up in the answer (Code, Sections 248, 277, Fitzgerald v. Shelton, 95 N. C., 519) and of course it can permit such reply to be filed as a matter of discretion.
The issues were those which properly arose upon the pleadings and the second exception can not be sustained.
The third exception is for refusal to. grant several prayers for instructions that “there was no evidence,” and that “according to the evidence” and the like. The defendant as…
2Cases cited3 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Fitzgerald v. . SheltonSupreme Court of North Carolina · 1886
- Williams, Black Co. v. . WhitingSupreme Court of North Carolina · 1885
3Cited by5 opinions
- Superior Foods, Inc. v. Harris-Teeter Super Markets, Inc.Supreme Court of North Carolina · 1975
- Hart v. Cannon.Supreme Court of North Carolina · 1903
- Bodenheimer v. BodenheimerCourt of Appeals of North Carolina · 1973
- Brown v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1930
- Bodenheimer v. BodenheimerCourt of Appeals of North Carolina · 1973