Legal Opinion

Braswell v. . Johnston

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 9 opinions

This was a civil action, tried at Fall Term, 1890, of the Superior Court of Edgecombe County, Whitaker, J., pre-r siding. Material facts were stated in the complaint and controverted in the answer, and a number of issues involving those questions were tendered. The Judge submitted only the single issue, “ How much, if any, is the plaintiff entitled to recover?”

1Opinion of the CourtAveky, J.

—after stating the facts: “ Issues arise upon the pleadings when a material fact or conclusion of law is maintained by the one party and controverted by the other.” The Code, § 391. “ An issue of fact arises (1) upon a material allegation in the complaint controverted by answer; or (2) upon new matter in the answer controverted by the reply; or (3) upon new matter in the reply except an issue of law is joined thereon.” The Code, § 393.

Instead of the issues tendered by the defendant and involving the question whether the contract was an entire one, the Court submitted only the following: “How…

2Cases cited8 opinions

  1. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  2. People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
  3. Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
  4. Bonds v. . SmithSupreme Court of North Carolina · 1890
  5. McDonald v. . CarsonSupreme Court of North Carolina · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
  2. Blackwell v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
  3. Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
  4. McAdoo v. . RailroadSupreme Court of North Carolina · 1890
  5. Cathey v. ShopeSupreme Court of North Carolina · 1953

4 more not listed; retrieve them via the Exa API.

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