Estes v. . Rash
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at July Term, 1915, of Avery. Civil action tried before a justice of tbe peace and carried to tbe Superior Court of Avery County, by appeal of tbe feme defendant from tbe denial of a motion by her to set aside tbe judgment of tbe justice, and beard in tbe latter court.
1Opinion of the Court
"Walker, J.
Tbe question in dispute was whether tbe summons bad been served on the defendant, Mamie Rash. Affidavits were filed by tbe respeqtive parties. Tbe justice found as a fact that tbe summons bad been duly served, and refused to set aside tbe judgment, and defendant appealed. In tbe Superior Court-.the motion was beard upon tbe affidavits, and tbe judge also found as a fact that tbe summons bad been duly served. The officer to whom tbe process bad been directed returned thereon that it bad been received by him on 23 June, 1914, and served on both defendants, naming them, at 7 o’clock…
2Cases cited11 opinions
- Dobbins v. McNamaraIndiana Supreme Court · 1888
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Flowers v. . KingSupreme Court of North Carolina · 1907
- Leduc v. . SlocombSupreme Court of North Carolina · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
- Carolina Bank, Inc. v. Northeastern Insurance Finance Co.Court of Appeals of North Carolina · 1975
- Everett v. . ReynoldsSupreme Court of North Carolina · 1894
5 more not listed; retrieve them via the Exa API.