Citation Numbers: 29 S.E. 352, 122 N.C. 226, 1898 N.C. LEXIS 231
Judges: Faikcloth
Filed Date: 3/15/1898
Status: Precedential
Modified Date: 10/19/2024
The plaintiff moved for judgment upon the ground that the answer filed by the defendant J. B. Brewer was frivolous. The (228) defendant Brewer moved that the Raleigh Paper Company be made a party to the action. Motion overruled. Exception by defendant Brewer.
The defendant Brewer also moved that the action be dismissed because the complaint did not state facts sufficient to constitute a cause of action, in that the complaint did not allege that the semi-annual installments of interest on the notes mentioned in the complaint had not been paid. Motion overruled. Defendant Brewer excepted.
His Honor granted judgment as prayed by the plaintiff, and defendant Brewer excepted and appealed.
This action is on a note payable to plaintiff's testator and endorsed by the defendant Brewer. The defendant, not denying the execution of the note nor his endorsement thereon, answering, says that in another action in the same court (Belvin v. Paper Co.,
A frivolous answer is one that raises no issue or question of fact or law pertinent or material in the action. Weil v. Uzzell,
Affirmed.
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