Anderson Starr & Co. v. Hall
Supreme Court of North Carolina
Appeal from an order made at Spring Term, 1882, of Buncombe Superior Court, by Oilliam, J. In this case the summons issued on the 29th day of November 1875, and was returned endorsed as follows, “Service accepted this 3rd December 1875. — -0. A. Hall, per M. E. Garter, atto.” At spring term, 1876, the complaint was filed, and also what purported to be an answer for the defendant, prepared by Carter & Carter, attorneys, of which firm M. E. Carter was a member.
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Appeal from an order made at Spring Term, 1882, of Buncombe Superior Court, by Oilliam, J. In this case the summons issued on the 29th day of November 1875, and was returned endorsed as follows, “Service accepted this 3rd December 1875. — -0. A. Hall, per M. E. Garter, atto.” At spring term, 1876, the complaint was filed, and also what purported to be an answer for the defendant, prepared by Carter & Carter, attorneys, of which firm M. E. Carter was a member. The cause stood upon the docket until spring term, 1882, when the defendant obtained a rule upon the plaintiff to show cause why the…
1Opinion of the CourtRuffin, J.
The authorities, with reference to the right of an attorney to bind his client by accepting service of process for him, leave no room to doubt the correctness of His Honor’s ruling in this case.
An attorney cannot, under his general authority, accept service for his client of the original process by which the action is begun. 1 Wait’s Actions, 439; Bagley v. Barkland, 1 Exch., (W. H. and G.) 1; Masterson v. LeClaire, 4 Minn, 108.
The principles upon which these authorities rest, is, that it is no part of the duty of an attorney, nor within the scope of his authority, to admit of service for his…
2Cited by4 opinions
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