Manning v. Roanoke & Tar River Railroad
Supreme Court of North Carolina
. MOTION by defendant to set aside a judgment by default and enquiry, heard on affidavit before Brown, J., at December, 1897, Special Term, of Bertie Superior Court. The judgment sought to be set aside was rendered at November Term, 1897, of said Court.
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. MOTION by defendant to set aside a judgment by default and enquiry, heard on affidavit before Brown, J., at December, 1897, Special Term, of Bertie Superior Court. The judgment sought to be set aside was rendered at November Term, 1897, of said Court. His Honor refused the motion, the facts found by him and his judgment thereon being as follows : “Summons was served in this action on defendant’s local agent at Lewiston, Bertie county, N. C., on October 4, 1897, by leaving a copy;.the copy was sent to Whisnant, superintendent, at once by local agent, and the summons was returnable on Monday,…
1Opinion of the Court
Clark, J.:
The summons having in fact been served, any irregularity in the signature of the officer to the return of service was corrected by the affidavit showing that the deputy serving the summons had been duly appointed by the sheriff. It was a full and complete amendment of the return, and related back and had the same effect as if the amended return had been originally made. Grady v. Railroad, 116 N. C., 952. The defendant having in fact been served with process by a propei ly authorized officer, cannot be prejudiced by an amendment which merely makes the record speak the truth.
Litigation…
2Cases cited13 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
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3Cited by49 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- State v. HunterSupreme Court of North Carolina · 1976
- Irene R. Thomas, and Benedict F. Fitzgerald v. Billie Smith CassidyCourt of Appeals for the Fourth Circuit · 1957
- Moore v. DealSupreme Court of North Carolina · 1954
- Sisk v. Transylvania Community Hospital, Inc.Supreme Court of North Carolina · 2010
44 more not listed; retrieve them via the Exa API.