Crawford v. Bank of Wilmington
Supreme Court of North Carolina
Motion to set aside a judgment, allowed by Barnes, J., at Fall Term, 1866, of the Superior Court of Wayne. The complainant had sued out a writ in asswr.psit against the defendant, returnable to Fall Term, 1864, and the return by the sheriff was, “To hand, August 30th, 1864, served a copy of the within on Col. John McRae.”
Read the full summary
Motion to set aside a judgment, allowed by Barnes, J., at Fall Term, 1866, of the Superior Court of Wayne. The complainant had sued out a writ in asswr.psit against the defendant, returnable to Fall Term, 1864, and the return by the sheriff was, “To hand, August 30th, 1864, served a copy of the within on Col. John McRae.” At the return term a judgment was taken by default final, for an amouut which covered the principal and interest of the bank notes sued upon, counting interest from the dates at which such notes had been issued, (4th April, 1856,) instead of- the time at "which they had been…
1Opinion of the CourtBattle, J.
This was a motion to set aside a judgment taken by default in the Superior Court of Wayne, and was based upon several grounds, of which only two have been insisted upon in this court.
1. It is insisted, in the first place, that the writ was not served upon an officer of the Bank of Wilmington as directed by the 24th section of the 26th chapter of the Revised Code. That section directs that the process shall ■be served upon the president or other head, cashier, ■treasurer or director of the company. The return of the ¡sheriff in the present case was, “ served a copy of the within ■on Col. John…
2Cited by3 opinions
- Taylor v. Triangle Porsche-Audi, Inc.Court of Appeals of North Carolina · 1975
- Hackney v. . Hood, Commissioner of BanksSupreme Court of North Carolina · 1932
- Williams v. Burroughs Wellcome Co.Court of Appeals of North Carolina · 1980