McArthur v. . McEachin
Supreme Court of North Carolina
Action for an injunction, against opening a public road,, before Bussell, J., at Chambers, for Bobeson County, September 23d 1869, on .a motion to continue a previous order.
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Action for an injunction, against opening a public road,, before Bussell, J., at Chambers, for Bobeson County, September 23d 1869, on .a motion to continue a previous order. The complaint had been filed in the office of the Clerk of Bobeson County, September 3d 1869. Having been exhibited to Bussell, J., at Chambers in Elizabethtown, on the 8th of September, he granted an order of restraint, coupled with' an order to the Olerk of Bobeson County to issue copies of the order of restraint and complaint, and also a summons to the defendants, to appear before him at White-ville in Columbus County,…
1Opinion of the CourtDick, J.
The proceedings in this case were not properly commenced by the issuing of a summons, and the injunction was premature and irregular, and was properly vacated: Patrick v. Joyner, 63 N. C. R. 573. The summons which bis Honor ordered to be issued returnable before him in Columbus County, was not sufficient to constitute the leading process in the action. The summons to commence a civil action, must be issued by a Clerk of a Superior Court at the request of the plaintiff, returnable to the next term of the proper court: Acts 1868 — 9, cb. 76. His Honor acted properly in giving judgment for costs…
2Cases cited1 opinion
- Patrick, Adm'r. v. . Joyner, Adm'rSupreme Court of North Carolina · 1869
3Cited by5 opinions
- Armstrong v. . KinsellSupreme Court of North Carolina · 1913
- Fleming v. . PattersonSupreme Court of North Carolina · 1888
- Hirsh v. J. D. Whitehead & Co.Supreme Court of North Carolina · 1871
- Trexler v. . NewsomSupreme Court of North Carolina · 1883
- Grant v. . EdwardsSupreme Court of North Carolina · 1884