Woodard v. Milling Company.
Supreme Court of North Carolina
Agticot by Woodard & Woodard against Tri-State Milling Company, beard by Judge E. B. Jones at tbe April Term, 1906, of tbe Superior Court of Edgecombe, upon appeal from a justice of tbe peace.
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Agticot by Woodard & Woodard against Tri-State Milling Company, beard by Judge E. B. Jones at tbe April Term, 1906, of tbe Superior Court of Edgecombe, upon appeal from a justice of tbe peace. Tbe following are tbe findings of tbe Superior Court: 1. That summons was duly issued by tbe justice of tbe peace on 22 March, 1904, returnable on 25 March, 1904, and tbe same was returned on tbe return day thereof by tbe constable with tbe endorsement: “Defendant not to be found in tbe county.” 2. There was no affidavit sufficient to order tbe publication of tbe service of the summons, nor was there…
1Opinion of the CourtBuowN, J.
The counsel for plaintiffs admits the correctness of his Honor’s ruling, unless, as he contends, the defendant’s counsel entered a general appearance before the justice of the peace. Prior to the return day of 23 April, it appears that counsel for plaintiffs and defendant, both of whom reside in Tarboro, some little distance from the office of the justice of the peace, agreed that the case should be heard before the justice on 13 May instead of 23 April. This agreement was made, doubtless, for mutual convenience, and we see nothing in it to indicate that counsel for defendant intended to…
2Cases cited1 opinion
- Bullard v. Edwards.Supreme Court of North Carolina · 1906
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