Legal Opinion

Brittain v. Blankenship

Supreme Court of North Carolina

Decided September 26, 1956No. 169PublishedCited by 7 opinions

1Opinion of the CourtWinborne, C. J.

A careful reading of the record and case on appeal as challenged by exceptions brought up for consideration on this appeal leads to the conclusion that, in the trial below, substantial justice has been done. And while there may be technical error in some respects, it is not of sufficient import to require a new trial.

In connection with the exception to denial of defendant’s so-called “plea to jurisdiction,” entered as hereinabove related, the statute G.S. 1-103 provides specifically that a voluntary appearance of a defendant is equivalent to personal service of the summons upon him. And…

2Cases cited12 opinions

  1. In Re BlalockSupreme Court of North Carolina · 1951
  2. Vestal v. Moseley Vending MacHine Exchange, Inc.Supreme Court of North Carolina · 1941
  3. Dellinger v. BollingerSupreme Court of North Carolina · 1955
  4. Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
  5. Shaffer v. Morris BankSupreme Court of North Carolina · 1931

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3Cited by7 opinions

  1. State v. EasonSupreme Court of North Carolina · 1994
  2. State v. PayneSupreme Court of North Carolina · 1971
  3. East Carolina Lumber Company v. WestSupreme Court of North Carolina · 1958
  4. State v. StanleySupreme Court of North Carolina · 1984
  5. Sterling v. Gil Soucy Trucking, Ltd.Court of Appeals of North Carolina · 2001

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