Spain v. Brown
Supreme Court of North Carolina
1Opinion of the CourtBaeNiiill, J.
In a civil action the issues to be tried by a jury are raised by written pleadings filed in the cause by the parties to the action. Ordinarily these consist of a complaint and answer. When, however, the defendant in his answer pleads new matter as a setoff, affirmative defense, or counterclaim, the plaintiff is permitted to file a further pleading known as a reply to admit or deny the new matter alleged in the answer and, when necessary, plead matters in avoidance of the same.
Each pleading has its own particular function. The function of the complaint is to present a statement of the…
2Cases cited10 opinions
- Moss v. FitchSupreme Court of Missouri · 1908
- Privette v. PrivetteSupreme Court of North Carolina · 1949
- Revis v. City of AshevilleSupreme Court of North Carolina · 1934
- Brown v. . HallSupreme Court of North Carolina · 1946
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1939
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3Cited by6 opinions
- State Highway Commission v. HemphillSupreme Court of North Carolina · 1967
- Neal v. MarroneSupreme Court of North Carolina · 1953
- Davis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1967
- Parker v. WhiteSupreme Court of North Carolina · 1953
- Phillips v. Hassett Mining Co.Supreme Court of North Carolina · 1956
1 more not listed; retrieve them via the Exa API.