Speight v. . Jenkins
Supreme Court of North Carolina
Pleading — Demurrer—Action to Recover Land. Civil ACTION, tried before Shipp, J., at Fall Term, 1887, of GkbeNe Superior Court. The plaintiff’s complaint alleged in the first section that he was the owner of a tract of land containing 184 acres, describing it by metes and bounds; and in the second, “ that the defendants are unlawfully in possession of some three or five acres of the said described land and unlawfully and wrongfully withholds the same from him.”
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Pleading — Demurrer—Action to Recover Land. Civil ACTION, tried before Shipp, J., at Fall Term, 1887, of GkbeNe Superior Court. The plaintiff’s complaint alleged in the first section that he was the owner of a tract of land containing 184 acres, describing it by metes and bounds; and in the second, “ that the defendants are unlawfully in possession of some three or five acres of the said described land and unlawfully and wrongfully withholds the same from him.” The defendants demurred to the second section of the complaint and for cause of demurrer said “that the first allegation of the…
1Opinion of the CourtMerrimoN, J.
The complaint alleged a single cause of action.
The defendants answered except as to the second allegation of the complaint, and as to this he demurred. As the demurrer applied to a single allegation of the cause of action it was insufficient and the Court might have disregarded it. A party cannot answer as to some of the allegations of a cause of action and demur as to others. The demurrer must embrace the whole, else it will be bad. If there be several causes of action alleged, the party defending may answer as to one and demur as to another. The pleading as to each cause of action must have…
2Cases cited6 opinions
- Von Glahn v. . DerossettSupreme Court of North Carolina · 1877
- Ransom v. . McCleesSupreme Court of North Carolina · 1870
- Fitzgerald v. . SheltonSupreme Court of North Carolina · 1886
- Johnston v. . PateSupreme Court of North Carolina · 1880
- State Ex Rel. Sumner v. YoungSupreme Court of North Carolina · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Duke v. CampbellSupreme Court of North Carolina · 1951
- Bryan v. . SpiveySupreme Court of North Carolina · 1890
- Bryan v. Washington SpiveySupreme Court of North Carolina · 1890