Legal Opinion

Morton v. Thornton

Supreme Court of North Carolina

Decided May 23, 1962No. 599PublishedCited by 6 opinions

1Opinion of the CourtRodmaN, J.

This appeal presents this procedural question: Do the causes of action stated in the complaint all belong to plaintiffs jointly, or are some owned by plaintiffs severally?

The answer must be found by interpreting the language selected by plaintiffs to warrant a judgment for the sum sought.

Notwithstanding the provisions of our statute (G.S. 1-122) requiring a plain and concise statement of the facts on which the claim for relief is founded, we have experienced difficulty in stripping the complaint of seemingly superfluous allegations. Giving the complaint the liberal construction required (G.S.…

2Cases cited10 opinions

  1. Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
  2. Weaver v. . KirbySupreme Court of North Carolina · 1923
  3. Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
  4. Davis v. . WhitehurstSupreme Court of North Carolina · 1948
  5. Home Real Estate, Loan & Insurance v. LockerSupreme Court of North Carolina · 1938

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

3Cited by6 opinions

  1. Booker v. EverhartSupreme Court of North Carolina · 1978
  2. Garcia v. Frog Island Seafood, Inc.District Court, E.D. North Carolina · 2009
  3. Morton v. ThorntonSupreme Court of North Carolina · 1963
  4. Parnell v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1965
  5. Martinez-Hernandez v. BUTTERBALL, LLCDistrict Court, E.D. North Carolina · 2008

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

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