Johnson v. . Whilden
Supreme Court of North Carolina
Appeal by defendant from Garter, jat March Term, 1914, of Graham. Civil action to remove cloud from title to certain lands situate in Graham County, N. C. On the hearing,1 it was properly made to appear that grants for the land in question were taken out by one D. F. Goodhue, in his own name, and he-having died, the legal title thereto descended to his son, "Willie F.; that the Tuckaseegee Mining Company et al. instituted suit in Superior Court of Graham County, alleging…
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Appeal by defendant from Garter, jat March Term, 1914, of Graham. Civil action to remove cloud from title to certain lands situate in Graham County, N. C. On the hearing,1 it was properly made to appear that grants for the land in question were taken out by one D. F. Goodhue, in his own name, and he-having died, the legal title thereto descended to his son, "Willie F.; that the Tuckaseegee Mining Company et al. instituted suit in Superior Court of Graham County, alleging that the lands had been paid for with company’s money and same taken and held for the company’s benefit, and, on the facts…
1Opinion of the Court
Hoke, J.,
after stating tbe case: It is now tbe well settled principle that no valid judgment in personam can be obtained against a nonresident or other for an ordinary money demand except on personal service of process witbin tbe territorial jurisdiction of tbe court or unless there bas been proper acceptance of service or a general appearance, actual or constructive, by wbicb tbe party submits bis cause to tbe court’s jurisdiction. Tbe position is modified, or, rather, a different rule obtains, where in such an action, duly instituted and on attachment issued, there bas been á valid levy of…
2Cases cited18 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Burns v. LewisSupreme Court of Georgia · 1891
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- Chinnis v. . CobbSupreme Court of North Carolina · 1936
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
11 more not listed; retrieve them via the Exa API.