SPAIN v. BROWN

No. 317.

72 S.E.2d 918 (1952)

236 N.C. 355

SPAIN v. BROWN.

Supreme Court of North Carolina.

October 29, 1952.


Attorney(s) appearing for the Case

Albion Dunn, Greenville, for plaintiff appellee.

Sam B. Underwood, Jr., Greenville, for defendant appellant.


BARNHILL, Justice.

In a civil action the issues to be tried by a jury are raised by written pleadings filed in the cause by the parties to the action. Ordinarily these consist of a complaint and answer. When, however, the defendant in his answer pleads new matter as a setoff, affirmative defense, or counterclaim, the plaintiff is permitted to file a further pleading known as a reply to admit or deny the new matter alleged in the answer and, when necessary, plead matters...

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