Ely v. . Davis
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1892, of PasquotaNK Superior Court, Shvford, J., presiding. The portions of the complaint referred to in the opinion are as follows: “ 5. That the said Davis and his co-assistants, by the employment of so vast an array of legal talent of this and other States, by their perseverance, technical pleadings, delays and obstructions, caused the said Ely and the said Terry a vast amount of labor, expense and time in defending said suit, in…
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Civil ActioN, tried at Spring Term, 1892, of PasquotaNK Superior Court, Shvford, J., presiding. The portions of the complaint referred to in the opinion are as follows: “ 5. That the said Davis and his co-assistants, by the employment of so vast an array of legal talent of this and other States, by their perseverance, technical pleadings, delays and obstructions, caused the said Ely and the said Terry a vast amount of labor, expense and time in defending said suit, in attendance at Court for over four years, the expense of securing witnesses and their attendance at Court, the expense of…
1Opinion of the CourtMacRae, J.
Upon the demurrer ore terms we are to decide whether the complaint states grounds sufficient to constitute a cause of action. After alleging that in 1885 the defendant Davis had brought an action in the Superior Court of Pasquotank County against the plaintiffs, in which it was charged that the said Terry had made false and fraudulent representations with regard to the number of acres in a certain tract of land, and had procured by fraud the omission of a tract of land from a certain deed of partition, and after alleging that said charges were false and malicious, and that defendant Davis was…
2Cases cited2 opinions
- Burnett v. . NicholsonSupreme Court of North Carolina · 1878
- Barfield v. . TurnerSupreme Court of North Carolina · 1888
3Cited by22 opinions
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- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Carver v. LykesSupreme Court of North Carolina · 1964
- Deshawn Gervin v. Pamela FlorenceCourt of Appeals for the Eleventh Circuit · 2025
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