Wellons v. . Johnson

Supreme Court of North Carolina

Wellons v. . Johnson

144 S.E. 521, 196 N.C. 94, 1928 N.C. LEXIS 288

DecidedSeptember 26, 1928

StatusPublished

This text of 144 S.E. 521 (Wellons v. . Johnson) 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

Wellons v. . Johnson, 144 S.E. 521, 196 N.C. 94, 1928 N.C. LEXIS 288 (N.C. 1928).

Pincite

Opinion

Per CuriaM.

The indebtedness of E. F. Boyette to Farmers Warehouse, Inc., alleged in the answer, and relied upon by defendants as counterclaims against plaintiff, do not constitute counterclaims within the meaning of the statute. C. S., 521. Whether or not such indebtedness may be established and considered in determining the amount, if any, for which defendants are liable to plaintiff, cannot now be decided. The decision must be reserved until the facts with respect to such indebtedness have been found by the referee and reported, with his conclusions of law, to. the court. This is in effect the holding of the referee, as we construe his order. There is no error in the order as thus construed, and the judgment affirming same must be

Affirmed.

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Per CuriaM.

The indebtedness of E. F. Boyette to Farmers Warehouse, Inc., alleged in the answer, and relied upon by defendants as counterclaims against plaintiff, do not constitute counterclaims within the meaning of the statute. C. S., 521. Whether or not such indebtedness may be established and considered in determining the amount, if any, for which defendants are liable to plaintiff, cannot now be decided. The decision must be reserved until the facts with respect to such indebtedness have been found by the referee and reported, with his conclusions of law, to. the court. This is in effect the holding of the referee, as we construe his order. There is no error in the order as thus construed, and the judgment affirming same must be

Affirmed.

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Bluebook (online)

144 S.E. 521, 196 N.C. 94, 1928 N.C. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellons-v-johnson-nc-1928.