Roberts v. . Allman
Supreme Court of North Carolina
Appeal from Graves, J., at -June Term, 1887, Buncombe Superior Court. The summons in this case directed the defendants “to appear before the Judge of the Superior Court at the Court to be held for the county of Buncombe at the court-house in Asheville, on the third Monday after (he __Monday of November.” The summons was issued 2d July, 1883, and was served personally on the defendants on the 15th October. The term of the Court began 17th November, and was a four-weeks term.
Read the full summary
Appeal from Graves, J., at -June Term, 1887, Buncombe Superior Court. The summons in this case directed the defendants “to appear before the Judge of the Superior Court at the Court to be held for the county of Buncombe at the court-house in Asheville, on the third Monday after (he __Monday of November.” The summons was issued 2d July, 1883, and was served personally on the defendants on the 15th October. The term of the Court began 17th November, and was a four-weeks term. It was the only Court then provided by law for that part of the year elapsing after the issuing of the summons in July.…
1Opinion of the Court
Clark, J.:
We discover nothing to constitute this an irregular judgment. The defendants might have moved at November Term, 1883, to dismiss the action for failure to file the complaint within the first three days of the term. The Code, 206. This was not done. Even if the complaint had been filed after the close of that term, it would have been on file during the first three days of next term., and the judgment by default might have been then rendered if no answer were filed at that term. In fact, it was not taken until November Term, 1884.
Nor was the summons irregular. It was evidently…
2Cases cited6 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- McLean v. . McLeanSupreme Court of North Carolina · 1881
- Whitson v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Moore v. DealSupreme Court of North Carolina · 1954
- Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
54 more not listed; retrieve them via the Exa API.