Turner v. . Cuthrell
Supreme Court of North Carolina
Civil ACTION, heard by Philips, Judge, at Chambers, on December 9th, 1885, on a motion to continue a restraining order theretofore granted, to the hearing. The chief purpose of this action is to obtain perpetual relief by injunction. The plaintiff moved at Chambers, upon notice, for an injunction pending the action, until the hearing upon the merits.
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Civil ACTION, heard by Philips, Judge, at Chambers, on December 9th, 1885, on a motion to continue a restraining order theretofore granted, to the hearing. The chief purpose of this action is to obtain perpetual relief by injunction. The plaintiff moved at Chambers, upon notice, for an injunction pending the action, until the hearing upon the merits. At the hearing of the motion, the verified complaint and answer, and the exhibits thereto, were the only evidence before the Court. The Court made an order, of which the following is a copy: “ It is ordered and adjudged that the defendants, their…
1Opinion of the CourtMbrrxmoN, J.
Pleadings should have certainty, definiteness and precision. All the statements, allegations and averments, should be so exact, as to present clearly the precise cause of action, or ground of defence, and leave no doubt of the purpose of the pleading. This is essential to the intelligent and due administration of justice. In many instances the allegations of the complaint are very general, loose and indefinite, scarcely sufficient to enable the Court to see the party’s right as he intends to allege it. In such cases, the opposing party should demur, if there be ground for demurrer, or move to…
2Cases cited2 opinions
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Harrison v. . BraySupreme Court of North Carolina · 1885
3Cited by4 opinions
- Whittaker v. . HillSupreme Court of North Carolina · 1887
- Martin v. . GoodeSupreme Court of North Carolina · 1892
- McDowell v. . the Construction Co.Supreme Court of North Carolina · 1887
- McDowell v. Massachusetts & Southern Construction Co.Supreme Court of North Carolina · 1887