Irvin v. . Clark
Supreme Court of North Carolina
This was an action for the recovery of land, tried before Clark, Judge, and a jury, at August Term, 1887, of Iredell Superior Court. ■ When the case was called for trial, plaintiffs’ counsel moved the Court to strike from the amended answer so much thereof as purported to set up an equitable defence, or a demand for equitable relief, on the ground that the same was not pleaded as required in the order made by Judge Montgomery, appearing in the record.
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This was an action for the recovery of land, tried before Clark, Judge, and a jury, at August Term, 1887, of Iredell Superior Court. ■ When the case was called for trial, plaintiffs’ counsel moved the Court to strike from the amended answer so much thereof as purported to set up an equitable defence, or a demand for equitable relief, on the ground that the same was not pleaded as required in the order made by Judge Montgomery, appearing in the record. It appeared that this amended answer was filed at February Term, and at that term plaintiffs obtained leave to reply to the same, and that at…
1Opinion of the Court
Smith, C. J.,
(after stating the case). We shall not repeat the assignment of errors that follows the charge, for they are embodied in what has been already set out in the foregoing recitals.
I. Exception: The equitable defence is not pleaded as required by the decretal order, and the motion to strike out so much as relates to this defence in the amended answer was denied.
We are not willing to admit the insufficiency of the response to the order, inasmuch as it may not have been practicable to be more specific in regard to the contents of destroyed papers', but an answer to the complaint of the…
2Cases cited5 opinions
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- Miller Ex-ParteSupreme Court of North Carolina · 1884
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