Hall v. . Turner

Decided September 5, 1892

Supreme Court of North Carolina · decided 1892-09-05

This was a civil ACTION, tried before Connor, J., and a jury, at August Term, 1892, of the Superior Court of OraNGE County. (See same case, 110 N. C., 292.) When this cause was called for trial, the defendants, with leave of the Court, demurred to the complaint, for that the plaintiffs had in their complaint set forth several causes of action, which, under The Code, could not be joined. The defendants did not offer to withdraw their answers heretofore filed.

Cited by 1 later decisions — most recently February 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-09-05

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Per Curiam:

¶1 Even had there been a misjoinder of causes of action, it could not have been taken advantage of by demurrer until the defendants had withdrawn their answer. Burns v. Ashworth, 72 N. C., 496; Finley v. Hayes, 81 N. C., 368.

¶2 The Court correctly ruled that “the right of the defendant ancestor and intestate Evans Turner was not exhausted by the *183 building of one dam, but that he had the right to keep up and maintain a dam, and, if gecessary to do so, to erect a second dam to the height of nine feet.”

¶3 We have considered the other exceptions, and they are also without merit. Affirmed.