73 S.E. 882 | N.C. | 1912
The facts are sufficiently stated in the opinion of the Court by Mr.Justice Walker. This action was brought in the court of a justice of the peace of Craven County to recover the sum of $100, with interest from 31 July, 1910, and the plaintiff complained in that court that it was due by contract for the rent of space in a storeroom. The defendant "denied the indebtedness, and alleged a breach of the contract by way of defense." The plaintiff recovered in the justice's court, and (279) defendant appealed to the Superior Court, where there was a trial by jury. Both parties introduced evidence, and the jury returned a verdict for the defendant. Plaintiff thereupon moved for judgment non obstante veredicto. The charge of the court is not in the record, and it appears that no exceptions were taken during the course of the trial, before the verdict was rendered. The court overruled the motion for judgment, and the plaintiff appealed to this Court from a judgment for defendant.
We think the ruling of his Honor was correct. At common law a judgmentnon obstante veredicto would be allowed only when the plea confessed a cause of action and set up matters in avoidance which were insufficient, although found true, to constitute either a defense or a bar to the action.Moye v. Petway,
The defendant's counsel contended, though, that this rule of practice or procedure should not apply to cases in the court of a justice of the peace, for the reason that no pleadings are there required, or, rather, no formal pleadings; but this, we think, is a misapprehension. It is true that the pleadings in that court may be oral, but it is expressly provided, by Revisal, sec. 457, that the "pleadings in the courts of justices of the peace shall be (1) the complaint of the plaintiff; (2) the answer of the defendant," and by section 1458, that "the pleadings may be either oral or written; if oral, the substance may be entered by the justice on his docket; if written, they may be filed by the justice and reference to them be made on his docket." It is further provided by section 1459 and section 1460, that "the complaint must state in a plain and direct *236
manner the facts constituting the cause of action," and "the answer may contain a denial of the complaint or any part thereof, and also a statement, in a plain and direct manner, of any evidence constituting a defense or counterclaim." This Court has been liberal in construing (281) pleadings filed in a justice's court, but, nevertheless, they should conform to the requirements of the statute. Illustration of the degree of particularity required in justice's courts in found in the requirement that "the general issue entered on the justice's docket will be considered as (merely) a general denial of plaintiff's cause of action"Blackwell v. Dibbrell,
No error.
(282)