{
  "id": 8575510,
  "name": "JESSE NOAH WILLIAMS and wife, ELLEN WILLIAMS, t/a SOUTHLAND LIVESTOCK, INC. v. JOHN DENNING, C. L. DENNING and KENNETH WESTBROOK t/a DENNING-WESTBROOK OIL COMPANY, INC.",
  "name_abbreviation": "Williams v. Denning",
  "decision_date": "1963-11-20",
  "docket_number": "",
  "first_page": "540",
  "last_page": "542",
  "citations": [
    {
      "type": "official",
      "cite": "260 N.C. 540"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "254 N.C. 783",
      "category": "reporters:state",
      "reporter": "N.C.",
      "weight": 2,
      "pin_cites": [
        {
          "page": "785"
        },
        {
          "page": "797"
        }
      ],
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 230,
    "char_count": 3580,
    "ocr_confidence": 0.398,
    "pagerank": {
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    "sha256": "fb105d5f5743fd863ebb2ab3eab8b913bdd77d76d61c0f9ee90fdadb4f67bffd",
    "simhash": "1:4f0a6b24a720f510",
    "word_count": 589
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  "last_updated": "2023-07-14T17:49:29.885963+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JESSE NOAH WILLIAMS and wife, ELLEN WILLIAMS, t/a SOUTHLAND LIVESTOCK, INC. v. JOHN DENNING, C. L. DENNING and KENNETH WESTBROOK t/a DENNING-WESTBROOK OIL COMPANY, INC."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant is not -a \u201cparty aggrieved\u201d and had nio light of appeal from portions of the order striking the names of the individuals \u00a1and the letters \u201ct/a\u201d from the -captions of the summons and complaint \u2019and the references to said individuals from the 'complaint. Suffice to \u00a9ay, the matter so stricken was not germane to the only cause \u00a1of action the complaint purports to allege, namely, a cause of action by \u201cthe plaintiff corporation\u201d against \u201cthe defendant corporation.\u201d\nAs to portions of said order striking allegations relating to the alleged .cause of action 'by \u201cthe plaintiff corporation\u201d against \u201cthe defendant .corporation,\u201d appellant did not apply to this Court for a writ of certiorari .and .its purported .appeal must 'be dismissed for failure to comply with our Rule 4(a)(2), Rules of Practice in the Supreme Court, 254 N.C. 783, 785.\nThe motion .to strike was filed in apt time. Plence, there was no merit in appellant\u2019s motion for judgment by default final and no right of appeal from the court's denial thereof.\nIn addition to the foregoing, no assignments of error appear in the record filed in this Court. Hence, appellant\u2019s purported appeal is subject to 'dismissal for failure toi comply with our Rule 19(3), Rules of Practice in the Supreme Court, 254 N.C. 783, 797.\nAppeal dismissed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "E. B. Temple for plaintiff appellant.",
      "Shepard, Spence & Mast for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "JESSE NOAH WILLIAMS and wife, ELLEN WILLIAMS, t/a SOUTHLAND LIVESTOCK, INC. v. JOHN DENNING, C. L. DENNING and KENNETH WESTBROOK t/a DENNING-WESTBROOK OIL COMPANY, INC.\n(Filed 20 November 1963.)\n1. Appeal and Error \u00a7 4\u2014\nWhere an action is entitled named individuals \u201ct/a\u201d a named corporation, the corporation cannot be the party aggrieved by an order striking \u25a0Hie names of the individuals and the letters \u201ct/a\u201d from the captions of \u25a0the summons and complaint and -the references to said individuals from the complaint.\n2. Same\u2014\nAn 'Order striking allegations from (the complaint is not immediately reviawable except \u00a1by certiorari. Rule 4(a) (2).\n3. Judgments \u00a7 13\u2014\nA judgment by default final is not apposite pending the hearing of a motion .to strike.\n4. Appeal and Error \u00a7 19\u2014\n\u25a0Where no assignment of error appears in the record, the appeal is subject to dismissal. Rule 19(3).\nAppeal by plaintiff Southland Livestock, line., from. ian oirder entered June 27, 1963, 'ait Smiith\u00f1eld, Niortih Carolina, by Braswell, J., the superior count judge 'then presiding over the courts of the Eleventh Judicial District. From Johnston.\nTlie complaint alleges that \u201cthe plaintiff corporation\u201d placed an order with \u201cthe defendant corporation\u201d for 800 gallon\u00a9 of diesel fuel to be delivered by \u00a9aid defendant and placed in one of the diesel fuel tantos of said plaintiff at its place of business in Smithfield, N. C.; that said defendant negligently \u00a1delivered and placed -in a diesel fuel tank of \u25a0plaintiff 800 gallons of 'high test fuel; and that the use of said high test fuel by said plaintiff caused it to suffer damages, in particular\u00a9 alleged.\nDefendants in apt time filed a motion to strike. Plaintiffs countered with a motion for judgment by default final. The hearing was on these .motions and on \u00a1demurrer ore terms -to .the \u00a1complaint. The count\u2019s order 'allowed the motion to \u00a9trike, -denied the motion for judgment by default final and overruled the demurrer ore terms. It allowed \u201cplaintiff\u201d thirty day\u00a9 to file an .amended complaint if it so- desired. The \u201cplaintiff,\u201d obviously \u201cthe plaintiff corporation,\u201d filed exceptions to said \u00a1order and gave notice of appeal.\nE. B. Temple for plaintiff appellant.\nShepard, Spence & Mast for defendant appellees."
  },
  "file_name": "0540-01",
  "first_page_order": 580,
  "last_page_order": 582
}