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121 N.C. 154

28 S.E 187

Jones v. . Best

Supreme Court of North Carolina

Decided September 5, 1897

Supreme Court of North Carolina · decided 1897-09-05

This was a civil action for the recovery of land, in which the plaintiff filed her complaint duly verified at November Term, 1896, of Greeke Superior Court, within the first three days thereof, at which term the defendant was allowed thirty days in which to file his answer and undertaking, or comply with the Statute. At February Term, 1897, the defendant having failed to answer, the plaintiff moved for judgment for want of an answer.

Good law ✅— No negative treatment on recordhow we know

Decided 1897-09-05

How this case has been cited

Cited by 3 later decisions — most recently March 1955

3 state decisions

101897190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MONTGOMERY, J.:

¶1 This action was instituted for the-possession of a piece of land which the plaintiff alleged was being unlawfully withheld from her by the defendant. No answer was filed, and for want of answer judgment was rendered against the defendant for the possession of the land, without damages. The counsel of the defendant insisted here that, under section 385 of The Code, such judg *155 ment was not lawful. Section 390 of The Code, however, provides that in actions like the present one the plaintiff is entitled to judgment for the relief demanded in the complaint unless the defendant files the bond required of him by Section 237 of The Code, or is excused from giving the bond before answering. He did not answer nor file the bond nor ask the Court to file the answer without giving the bond until the time to answer had expired. There is no error.

¶2 Affirmed.

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