Forte v. . Boone
Supreme Court of North Carolina
Civil ACTION, tried before Hoke, J., and a jury, at Spring Term, 1893, of Northampton Superior Court. From a judgment for the plaintiffs the defendants aj)pealed. The pertinent facts are stated in the opinion of Associate Justice Clark;.
1Opinion of the Court
Clark, J.:
The appellants’ case on appeal, unless service was accepted, could be served only by an officer. Allen v. Strickland, 100 N. C., 225; State v. Johnson, 109 N. C., 852; Clark v. Manufacturing Co., 110 N. C., 111; The Code, §597. Service by an officer means an officer authorized generally and by virtue of his office to serve process of the Court in which the action was determined. The service here was made by a constable and was a nullity. The Code, §8810, must be construed with section 644, and by them a town constable is given no authority to serve any papers for the Superior Court,…
2Cases cited8 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- State ex rel. Hodge v. Marietta & North Georgia RailroadSupreme Court of North Carolina · 1891
- Allen v. . StricklandSupreme Court of North Carolina · 1888
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3Cited by14 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . HumphreySupreme Court of North Carolina · 1923
- State v. . ScottSupreme Court of North Carolina · 1921
- Barber v. Justice.Supreme Court of North Carolina · 1905
- Bell v. . NivensSupreme Court of North Carolina · 1945
9 more not listed; retrieve them via the Exa API.