United Commercial Bank v. Watts

Supreme Court of North Carolina

United Commercial Bank v. Watts

129 S.E. 151, 190 N.C. 852, 1925 N.C. LEXIS 197

DecidedSeptember 16, 1925

StatusPublished

This text of 129 S.E. 151 (United Commercial Bank v. Watts) 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

United Commercial Bank v. Watts, 129 S.E. 151, 190 N.C. 852, 1925 N.C. LEXIS 197 (N.C. 1925).

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Opinion

Peb Cueiam.

From a careful reading of the record, briefs and examination of authorities, we think the judgment of the court below correct, as follows:

“Upon a consideration of the pleadings and after hearing argument of counsel, the court is of the opinion and so holds that the matter set out in defendant’s further answer being noted a counterclaim, is in fact a matter in defense, and not a counterclaim, and that the plaintiffs were not required by law to reply thereto. '

“It is therefore ordered, considered and adjudged that the judgment of the clerk refusing to sign said judgment by default final in favor of the defendant, L. M. Hampton upon her alleged counterclaim, be and the same is hereby in all respects affirmed, and it is adjudged that the said defendant is not entitled thereto upon the pleadings.”

Affirmed. '

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Peb Cueiam.

From a careful reading of the record, briefs and examination of authorities, we think the judgment of the court below correct, as follows:

“Upon a consideration of the pleadings and after hearing argument of counsel, the court is of the opinion and so holds that the matter set out in defendant’s further answer being noted a counterclaim, is in fact a matter in defense, and not a counterclaim, and that the plaintiffs were not required by law to reply thereto. '

“It is therefore ordered, considered and adjudged that the judgment of the clerk refusing to sign said judgment by default final in favor of the defendant, L. M. Hampton upon her alleged counterclaim, be and the same is hereby in all respects affirmed, and it is adjudged that the said defendant is not entitled thereto upon the pleadings.”

Affirmed. '

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Bluebook (online)

129 S.E. 151, 190 N.C. 852, 1925 N.C. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-commercial-bank-v-watts-nc-1925.