Spiers v. Halstead, Haines & Co.
Supreme Court of North Carolina
Civil aotioN for the recovery of a certain debt by attachment, tried at the Spring Term, 1874, of Halifax Superior Court, before his Honor Judge Watts. The only question raised in the case was as-to the sufficiency of the affidavit, and the facts relating to which are set out fully in the opinion of,the Court. His Honor, on the trial below, held the affidavit insufficient, and gave judgment accordingly. From this judgment plain-tiff appealed.
1Opinion of the Court
Reade,, J..
Service of process upon the defendant so as to-make him a party and enable him to defend, is necessary te- the validity of every subsequent step in the action. Such service may be by taking the body, or by personal summons, or by publication, as may be prescribed by law in any given case. In this ease the service was by publication. And the only question is, whether the service is sufficient ?
Personal service being the ordinary mode of making the defendant a party, it seems to be contemplated by our statute that that shall be the only mode, unless a foundation is laid for some…
2Cited by11 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1951
- Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
- Davis v. . DavisSupreme Court of North Carolina · 1920
- Bacon v. . JohnsonSupreme Court of North Carolina · 1892
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