Legal Opinion

Bethea v. . Byrd

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 2 opinions

Appeal — Record— Transa ipts. This was a civil ACTION tried before Shepherd, Judge, at Fall Term, 1884, of HarNETt Superior Court. There was judgment for the plaintiff, and the defendant appealed.

1Opinion of the CourtSmith, C. J.

This suit, begun by the issue and service of the summons on the defendant in November, 1878, was brought to trial upon issues as to the plaintiff's title to the land in dispute, the wrongful withholding of possession by the defendant, and the consequent damages suffered.

During this long intermediate period the record takes no notice of the filing of any complaint or answer, to show the purpose of the action or the subject matter in controversy. There can be no issues where there are no pleadings, since they spring out of contested allegations thus appearing. Such was the state of the record…

2Cases cited2 opinions

  1. State v. . ButtsSupreme Court of North Carolina · 1884
  2. Rowland Bros. v. R. J. Mitchell & SonSupreme Court of North Carolina · 1884

3Cited by2 opinions

  1. Spears v. RandolphSupreme Court of North Carolina · 1955
  2. Cox v. . JonesSupreme Court of North Carolina · 1892

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