John S. Reese & Co. v. Jones
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1880, of Greene Superior Court, before Gudger, J. The summons was issued on the 27th of January, 1880, returnable to spring term, 1880, at which term an entry was made on th.e docket as follows: “ Time to file pleadings as At th-e time-of filing the complaint, the plaintiffs’’ counsel notified the defendant’s counsel of the fact, and called! - his attention to the fact that his client, the defendant,, was in Snow Hill, the county town of…
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Civil ActioN tried at Fall Term, 1880, of Greene Superior Court, before Gudger, J. The summons was issued on the 27th of January, 1880, returnable to spring term, 1880, at which term an entry was made on th.e docket as follows: “ Time to file pleadings as At th-e time-of filing the complaint, the plaintiffs’’ counsel notified the defendant’s counsel of the fact, and called! - his attention to the fact that his client, the defendant,, was in Snow Hill, the county town of Greene- county. On the fourth day of fall term, 1880, th-e case being called in regular order on the docket, the defendant…
1Opinion of the CourtAshe, J.
The case of Boddie v. Woodard, 83 N. C., 2, was very much like this. There, the entry was “ complaint filed, time to demur or answer.” At the ensuing term the defendant’s counsel moved to file an answer, which the court refused and gave judgment for the plaintiff. This court on the appeal of defendant held that while it would not undertake definitely to fix the limits of the extension in such cases, they cannot he allowed to reach the trial term, and as the motion to put in the answer at that term was addressed to the discretion of His Honor, its exercise could not be reviewed and controlled…
2Cases cited1 opinion
- Boddie v. . WoodardSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Wilmington v. McDonald.Supreme Court of North Carolina · 1903
- Brown v. Rhinehart Bros.Supreme Court of North Carolina · 1893
- Long v. . LoganSupreme Court of North Carolina · 1882
- Warden v. . McKinnonSupreme Court of North Carolina · 1888