Grocery Company v. Bag Company.
Supreme Court of North Carolina
AotioN by Peters Grocery Company against Collins Bag Company, beard by Judge George W. Ward and a jury, at tbe June (Special) Term, 1906, of tbe Superior Court of Edgkbcombe. Tbe suit was commenced before a justice of tbe peace, first by a summons dated 31 December, 1904, returnable 3 January, 1905, on wbicb there was no return, and tben by publication dated 16 January, 1905,.and returnable the 16tb day of the next month.
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AotioN by Peters Grocery Company against Collins Bag Company, beard by Judge George W. Ward and a jury, at tbe June (Special) Term, 1906, of tbe Superior Court of Edgkbcombe. Tbe suit was commenced before a justice of tbe peace, first by a summons dated 31 December, 1904, returnable 3 January, 1905, on wbicb there was no return, and tben by publication dated 16 January, 1905,.and returnable the 16tb day of the next month. There was no evidence that the summons was ever actually issued by the justice. The defendant relied on the fact that no summons had been issued and upon sundry alleged…
1Opinion of the Court
WalKee, J.,
after stating the case: An important question is distinctly presented in this case, namely, whether the issuance of a summons is necessary before the procedure by publication, when the defendant is a non-resident of the State.
There appears from the decisions of this Court to have been some diversity of opinion upon this question, and it being of the first moment that it should be settled, as it affects the integrity of judicial proceedings, we have given it the most careful consideration and have reached a conclusion entirely satisfactory to ourselves after thoroughly examining the…
2Cases cited11 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- McGrath v. GegnerCourt of Appeals of Maryland · 1893
- Houston v. . ThorntonSupreme Court of North Carolina · 1898
- Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
- Webster v. . SharpeSupreme Court of North Carolina · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sagamore Corporation v. WillcuttSupreme Court of Connecticut · 1935
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Rodriguez v. . RodriguezSupreme Court of North Carolina · 1944
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
- Chinnis v. . CobbSupreme Court of North Carolina · 1936
14 more not listed; retrieve them via the Exa API.