Pettigrew v. . McCoin
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at, September Term, 1913, of DiÍRI-iam. This is an appeal from tbe refusal of a motion to dismiss tbe present action, upon tbe ground of the pendency of another action in Yance County, beard upon tbe following facts: “Tbe defendant in this action caused a summons to be issued against tbe plaintiff here from tbe Superior Court of Yance County, on 5 March, 1913, entitled R. S. McCoin v. W. J. Petti-grew and tbe American Bonding Company of…
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Appeal by defendant from Devin, J., at, September Term, 1913, of DiÍRI-iam. This is an appeal from tbe refusal of a motion to dismiss tbe present action, upon tbe ground of the pendency of another action in Yance County, beard upon tbe following facts: “Tbe defendant in this action caused a summons to be issued against tbe plaintiff here from tbe Superior Court of Yance County, on 5 March, 1913, entitled R. S. McCoin v. W. J. Petti-grew and tbe American Bonding Company of Baltimore, Maryland, which was immediately sent by mail to tbe sheriff of Dur-bam County for service. It was in tbe office…
1DissentClark, C. J.
This is an appeal from the refusal of a motion to dismiss the present action, upon the ground of the pendency of another action in Vance County, heard upon the following facts:
"The defendant in this action caused a summons to be issued against the plaintiff here from the Superior Court of Vance County, on 5 March, 1913, entitled R. S. McCoin v. W. J. Pettigrew and the American Bonding Company of Baltimore, Maryland, which was immediately sent by mail to the sheriff of Durham County for service. It was in the office in Durham on the morning of 6 March, but the (473) sheriff was out of town and…
2Cases cited2 opinions
- Handlan v. HandlanWest Virginia Supreme Court · 1892
- Simmons v. . SimmonsSupreme Court of North Carolina · 1866
3Cited by9 opinions
- Cameron v. CameronSupreme Court of North Carolina · 1952
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Barnett v. MillsSupreme Court of North Carolina · 1914
- McFetters v. . McFettersSupreme Court of North Carolina · 1941
- Marrison v. . LewisSupreme Court of North Carolina · 1929
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