R. M. Oates v. . W. G. Gray
Supreme Court of North Carolina
This was a civil action tried before His Honor Judge Logan at Fall Term, 1871, of Mecklenburg Superior Court. The action was founded on a note and an account for goods sold, money lent, &c. At the return term the defendant failed either to answer or demnrr, but counsel marked their initials to the case opposite the name of defendant and entered on the summons docket the words “general issue, stat. lim\ with leave.”
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This was a civil action tried before His Honor Judge Logan at Fall Term, 1871, of Mecklenburg Superior Court. The action was founded on a note and an account for goods sold, money lent, &c. At the return term the defendant failed either to answer or demnrr, but counsel marked their initials to the case opposite the name of defendant and entered on the summons docket the words “general issue, stat. lim\ with leave.” On the calling oí the-cause the plaintiff moved His Honor for -judgment as demanded in the complaint which was granted by His Honor without any previous ascertainment of the value…
1Opinion of the Court
Diok,. J.
The object of the Code was to abolish the different forms of action, and the- technical and artificial modes of pleading used at common law, but not to dispense with the certainty, regularity and uniformit}*- which are essential in every system adopted for the administration of justice.
The plaintiff must state his cause of action with the same substantial certainty as was formerly required in a declaration; and the defendant must controvert the allegations, of the complaint, or they will be taken as true for the purposes of the action. ■ O. G. P. sec. 127.
The only pleading on the…
2Cited by13 opinions
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
- King v. . ColeySupreme Court of North Carolina · 1948
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Parker v. WhiteSupreme Court of North Carolina · 1953
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
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