Legal Opinion

Merrell v. . McHone

Supreme Court of North Carolina

Decided May 15, 1900PublishedCited by 2 opinions

AttachmbNT PROCEEDING from the Justice’s Court, heard before Biai’btock, J., at Fall Term, 1899, of Madison Superior Oourt. A petition for recordari, as substituted for appeal, had been granted by Norwood, J., at a previous, term, but the writ had not been complied with. The order was reiterated at present term, and upon the return to it, the plaintiff moved to dismiss, which was refused. Plaintiff excepted. Upon tbe trial, judgment was rendered for tbe defendant.

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AttachmbNT PROCEEDING from the Justice’s Court, heard before Biai’btock, J., at Fall Term, 1899, of Madison Superior Oourt. A petition for recordari, as substituted for appeal, had been granted by Norwood, J., at a previous, term, but the writ had not been complied with. The order was reiterated at present term, and upon the return to it, the plaintiff moved to dismiss, which was refused. Plaintiff excepted. Upon tbe trial, judgment was rendered for tbe defendant. Plaintiff excepted on appeal.

1Opinion of the CourtClark, J.

The Code, sec. 876, provides: “If the judgment is rendered upon process not personally served, and the defendant did not appear and answer, he shall have fifteen days after personal notice of the rendition of the judgment to serve the notice of appeal herein provided for.” Judgment was rendered, in an action based upon an attachment, by a Justice of the Peace against the defendant who was absent at work in another State. Within a short time he. returned to the State, and as soon as he had information of the judgment be applied to the Justice for a rehearing (Code, sec. 845), or an appeal,…

2Cases cited4 opinions

  1. McKee v. . AngelSupreme Court of North Carolina · 1884
  2. Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
  3. Caldwell, Ex'r v. . BeattySupreme Court of North Carolina · 1873
  4. Perry v. . WhitakerSupreme Court of North Carolina · 1877

3Cited by2 opinions

  1. Freeman v. BennettSupreme Court of North Carolina · 1958
  2. Stewart v. . CravenSupreme Court of North Carolina · 1933

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