Legal Opinion

Adrian v. . Jackson

Supreme Court of North Carolina

Decided June 5, 1876PublishedCited by 3 opinions

This was a Motion, by defendants, to set aside a judgment obtained at Fall Term, 1870, of Cumberland Superior Court, heard before his Honor, Judge Buxton, at January Term, 1876,. of said Court.

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This was a Motion, by defendants, to set aside a judgment obtained at Fall Term, 1870, of Cumberland Superior Court, heard before his Honor, Judge Buxton, at January Term, 1876,. of said Court. The summons in this case was issued 13th April, 1870, returnable to Spring (May) Term, 1870, notifying the defendant to appear “and answer the complaint which will be deposited in the office of the Clerk of the Superior Court of said county within the first three days of the next Terra thereof; and let the said defendant take notice, that if he fail to answer the said complaint within that time, the…

1Opinion of the CourtBynum, J.

The demurrer was treated as being frivolous, and is not denied to have been so. By the demurrer the complaint was admitted to be true, and by the provisions of the Code, judgment is to be given as if no defence had been made. To what judgment, then, are the plaintiffs entitled?

/The complaint alleges that at a given time and place, the plaintiffs sold and delivered to the defendant sundry goods, and that the defendant promised to pay therefor $308.37 at thirty days from date, and they demand judgment for that sum and interest. Prior to the Code, the action might have been debt, because the…

2Cases cited5 opinions

  1. Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
  2. Parker v. . SmithSupreme Court of North Carolina · 1870
  3. R. M. Oates v. . W. G. GraySupreme Court of North Carolina · 1872
  4. Joseph Merwin v. . Joseph L. BallardSupreme Court of North Carolina · 1872
  5. Wood Hathaway v. . HarrellSupreme Court of North Carolina · 1876

3Cited by3 opinions

  1. Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
  2. Bostwick v. Laurinburg & Southern RailroadSupreme Court of North Carolina · 1920
  3. Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896

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