{
  "id": 11278088,
  "name": "E. G. HAYWOOD v. J. S. BRYAN and J. B. SUGG",
  "name_abbreviation": "Haywood v. Bryan",
  "decision_date": "1869-06",
  "docket_number": "",
  "first_page": "521",
  "last_page": "522",
  "citations": [
    {
      "type": "official",
      "cite": "63 N.C. 521"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 164,
    "char_count": 1898,
    "ocr_confidence": 0.432,
    "sha256": "f368468cd3a08abcbf5be7028503e6b7384281c6989d799c742a70be3fedc0dd",
    "simhash": "1:c5f386519ef17f56",
    "word_count": 340
  },
  "last_updated": "2023-07-14T15:51:48.011339+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. G. HAYWOOD v. J. S. BRYAN and J. B. SUGG."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nWhen any pleading is verified, every subsequent pleading, except a demurrer, must be verified also. C. C. P. \u00a7116.\nThe defendant shall appear, and demur, plead or answer, at the term to which the summons shall be returnable; otherwise the plaintiff may have judgment by default, as is now allowed by law: Act to suspend the Code in certain cases, March 16th 1869.\nIt is admitted by the defendant, that if he had answered, he would have been obliged to verify the answer, under the Code, \u00a7 116; but he says that under the Act of March 16th 1869, he is permitted to defend by \u201cplea,\u201d instead of by \u201canswer\u201d asi provided in the Code, and that a plea need not be verified.\nWe doubt whether \u201cplead\u201d in the act of March 16th 1869' means anything more than the common defence by \u201canswer\u201d' in the Code; but if it does, it still requires to be verified, for a plea as well as an answer, is a part of the pleadings; and when the complaint is verified, all the other \u201cpleadings\u201d must, be verified also. There is no error. Judgment here for plaintiff.\nPER Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Reade, J."
      }
    ],
    "attorneys": [
      "Fowle & Badger, for tbe appellant.",
      "Whiting, and Batchelor, contra."
    ],
    "corrections": "",
    "head_matter": "E. G. HAYWOOD v. J. S. BRYAN and J. B. SUGG.\n'The \u201cAct to suspend the Code of Civil Procedure in certain cases,\u201d ratified March 16th 1869, does not repeal \\ 116, C. C. P., so as to allow of \u201cpleas\u201d without verification.\nComplaint, tried before Watts, J., at Spring Term 1869 of the Superior Court of Wake.\nThe summons was made returnable in Term time, in accordance with the provisions of the Act of March 16th 1869. When the case was called, the defendants, having no real de-fence, offered to put in the plea of \u201cpayment and set off,\u201d ioithmt verification and only for the purpose of delay.'\nTo this the plaintiff objected, and the Court sustained the objection. Judgment for the plaintiff in default of a plea; from which the defendants appealed.\nFowle & Badger, for tbe appellant.\nWhiting, and Batchelor, contra."
  },
  "file_name": "0521-01",
  "first_page_order": 537,
  "last_page_order": 538
}