Legal Opinion

Board of Com'rs of Roxboro v. Bumpass

Supreme Court of North Carolina

Decided February 2, 1951No. 748PublishedCited by 30 opinions

1Opinion of the CourtBaeNHill, J.

Tbe feme movant is tbe owner of tbe property described in tbe complaint, subject to tbe life estate of Maggie Bumpass. Sbe is therefore a necessary party to this action. Wilmington v. Merrick, 231 N.C. 297; Eason v. Spence, 232 N.C. 579.

Tbe plaintiff sought to bring her in and subject her to tbe jurisdiction of tbe court by service of summons by publication. Whether 'the proceeding in this respect was sufficient for that purpose is the primary question.

Tbe service of process by publication is in derogation of tbe common law and tbe statute making provision therefor must be strictly construed.…

2Cases cited15 opinions

  1. McRary v. . McRarySupreme Court of North Carolina · 1948
  2. McRary v. McRarySupreme Court of North Carolina · 1948
  3. Wheeler v. . CobbSupreme Court of North Carolina · 1876
  4. Eason v. SpenceSupreme Court of North Carolina · 1950
  5. Rodriguez v. . RodriguezSupreme Court of North Carolina · 1944

10 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Leary v. N.C. Forest Products, Inc.Court of Appeals of North Carolina · 2003
  2. Brashears v. CollisonCourt of Appeals of Maryland · 1955
  3. Davis v. SchimmelSupreme Court of Arkansas · 1972
  4. Carpenter v. CarpenterSupreme Court of North Carolina · 1956
  5. Sink v. EasterSupreme Court of North Carolina · 1974

25 more not listed; retrieve them via the Exa API.

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