Graham v. Charlotte & S. C. Rail Road
Supreme Court of North Carolina
Ciyil action upon Railroad Bonds, tried before Tourgee, J., at Spring Term 1870, of Orange Court. The defendant set forth, that no part of the track of said road is situated in the county of Orange, and that the only •county in the State, in which such road is situated, is Meck-lenburg, — and demanded that trial should be removed to the latter county, according to O. C. P., s. 69. The Court, after finding the facts to be as stated by the defendant, was of opinion that in…
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Ciyil action upon Railroad Bonds, tried before Tourgee, J., at Spring Term 1870, of Orange Court. The defendant set forth, that no part of the track of said road is situated in the county of Orange, and that the only •county in the State, in which such road is situated, is Meck-lenburg, — and demanded that trial should be removed to the latter county, according to O. C. P., s. 69. The Court, after finding the facts to be as stated by the defendant, was of opinion that in cases where Railroad Companies are defendants, upon comparing the act of 1868-’9, c. 257, with that of 1868-9, c. 277,…
1Opinion of the Court
Pearson, 0. J.
The Code of Civil Procedure, by Title VI, fixes u the place of trial.” Title VII, relates to the sum mons: It shall be issued by the Clerk of any Superior Court; run in the name of the State ; be directed to the Sheriff of the county where the defendant resides or may be fouud; shall summon the defendant to appear at the office of the Clerk of the Superior Court for some certain county; the officer, to whom it is addressed, shall note on it the day of its delivery to him, and return it by mail, or otherwise, to the Clerk of the proper county — and many other details-But, strange…
2Cited by9 opinions
- Jones v. BrinsonSupreme Court of North Carolina · 1953
- Kitchen v. Southern Ry.Supreme Court of South Carolina · 1904
- Leach v. Western North Carolina Rail RoadSupreme Court of North Carolina · 1871
- Cline v. Bryson City Manufacturing Co.Supreme Court of North Carolina · 1895
- Schaffer v. Board of Com'rs of Muskogee CountySupreme Court of Oklahoma · 1912
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