Haywood v. . Bryan and Sugg

Supreme Court of North Carolina

Haywood v. . Bryan and Sugg

63 N.C. 521

DecidedJune 5, 1869

StatusPublished

This text of 63 N.C. 521 (Haywood v. . Bryan and Sugg) is published on Counsel Stack Legal Research, covering Supreme 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

Haywood v. . Bryan and Sugg, 63 N.C. 521 (N.C. 1869).

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Opinion

Reade, J.

When any pleading is verified, every subsequent pleading, except a demurrer, must be verified also. C. C. P. §116.

The defendant shall appear, and demur, plead or answer, at the term to which the summons shall be returnable; otherwise the plaintiff may have judgment by default, as is now allowed by law: Act to suspend the Code in certain cases, March 16th 1869.

It is admitted by the defendant, that if he had answered, he would have been obliged to verify the answer, under the Code, § 116; but he says that under the Act of March 16th 1869, he is permitted to defend by “plea,” instead of by “answer” asi provided in the Code, and that a plea need not be verified.

We doubt whether “plead” in the act of March 16th 1869' means anything more than the common defence by “answer”' in the Code; but if it does, it still requires to be verified, for a plea as well as an answer, is a part of the pleadings; and when the complaint is verified, all the other “pleadings” must, be verified also. There is no error. Judgment here for plaintiff.

PER Curiam. Judgment affirmed.

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Reade, J.

When any pleading is verified, every subsequent pleading, except a demurrer, must be verified also. C. C. P. §116.

The defendant shall appear, and demur, plead or answer, at the term to which the summons shall be returnable; otherwise the plaintiff may have judgment by default, as is now allowed by law: Act to suspend the Code in certain cases, March 16th 1869.

It is admitted by the defendant, that if he had answered, he would have been obliged to verify the answer, under the Code, § 116; but he says that under the Act of March 16th 1869, he is permitted to defend by “plea,” instead of by “answer” asi provided in the Code, and that a plea need not be verified.

We doubt whether “plead” in the act of March 16th 1869' means anything more than the common defence by “answer”' in the Code; but if it does, it still requires to be verified, for a plea as well as an answer, is a part of the pleadings; and when the complaint is verified, all the other “pleadings” must, be verified also. There is no error. Judgment here for plaintiff.

PER Curiam. Judgment affirmed.

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Bluebook (online)

63 N.C. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haywood-v-bryan-and-sugg-nc-1869.