Deloatch v. . Vinson
Supreme Court of North Carolina
Civil ACTION, tried, upon motion to strike out answer, at Fall Term, 1890, of Northampton Superior Court, Womack, J., presiding. The plaintiff alleges in his complaint, which is verified, the execution of the bond sued on, the death of the obligee, the appointment and qualification of plaintiff as executor,' and that no payment has been made on the bond. These allegations are not denied.
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Civil ACTION, tried, upon motion to strike out answer, at Fall Term, 1890, of Northampton Superior Court, Womack, J., presiding. The plaintiff alleges in his complaint, which is verified, the execution of the bond sued on, the death of the obligee, the appointment and qualification of plaintiff as executor,' and that no payment has been made on the bond. These allegations are not denied. The defendant, as his sole answer, says “ that he is informed and believes that the plaintiff is not the owner of the bond described in his complaint, and was not the owner thereof at the commencement of this…
1Opinion of the Court
Clark, J.:
The answer of the defendant put no fact in issue, and was but a legal conclusion from facts which should have been, but were not, stated. Such illogical pleading is not allowed by The Code. It requires, first, that the plaintiff shall state the facts upon which he relies; and second, that the defendant shall deny each allegation to be controverted by him. The allegation controverted must be the statement of a fact; hence, in making an issue, he has nothing to do with legal conclusions. Thus, a denial that the plaintiff is entitled to the sum demanded by him, or any part thereof,…
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