Corse v. . Ledbetter

Superior Court of North Carolina

Corse v. . Ledbetter

3 N.C. 15

DecidedJuly 5, 1797

StatusPublished

This text of 3 N.C. 15 (Corse v. . Ledbetter) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corse v. . Ledbetter, 3 N.C. 15 (N.C. Ct. App. 1797).

Pincite

Opinion

Per curiam.-

The proper way is not to de^mr as is done here; for a demurrer is mute and cannot advance a new fact, as is attempted here i you should have moved the court not to al-' low the plea to be received as a pl<-a — -the matter pleaded is sufficient ; but as the counsel agree that the validity of the plea shall be decided upon without regard to the foim of opposing it, let it be over-ruled and the defendant answer over.

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Per curiam.-

The proper way is not to de^mr as is done here; for a demurrer is mute and cannot advance a new fact, as is attempted here i you should have moved the court not to al-' low the plea to be received as a pl<-a — -the matter pleaded is sufficient ; but as the counsel agree that the validity of the plea shall be decided upon without regard to the foim of opposing it, let it be over-ruled and the defendant answer over.

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Bluebook (online)

3 N.C. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corse-v-ledbetter-ncsuperct-1797.