McAdoo v. . Benbow
Supreme Court of North Carolina
MotioN to dismiss a writ of Summons, heard before Tourgeef J., at the Superior Court of Guilford, at Chambers, on the 1st day of July, 1869. The plaintiff, on the 14th day of June 1869, had issued a writ of Summons, asking “for a judgment according to the prayer of the complaint,” returnable at the office of the Clerk, &c.
Read the full summary
MotioN to dismiss a writ of Summons, heard before Tourgeef J., at the Superior Court of Guilford, at Chambers, on the 1st day of July, 1869. The plaintiff, on the 14th day of June 1869, had issued a writ of Summons, asking “for a judgment according to the prayer of the complaint,” returnable at the office of the Clerk, &c. Upon the 18th of June 1869, a motion to that effect having been made by the defendant, the Clerk dismissed the Summons, on the ground that it should have been made returnable to the regulor term, &c. Upon an appeal to the Judge of the Superior Court for the ■ 7th Judicial…
1DissentRodman, J.
The plaintiff, on the 14th day of June 1869, had issued a writ of Summons, asking "for a judgment according to the prayer of the complaint," returnable at the office of the Clerk, c. Upon the 18th of June 1869, a motion to that effect having been made by the defendant, the Clerk dismissed the Summons, on the ground that it should have been made returnable to the regulor [regular] term, c.
Upon an appeal to the Judge of the Superior Court for the 7th Judicial District, His Honor reversed the Clerk's judgment, upon the ground "That the Act of Assembly requiring the Summons in all cases to be…
2Cited by13 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- Norwood v. . ThorpeSupreme Court of North Carolina · 1870
- Bell v. KingSupreme Court of North Carolina · 1874
8 more not listed; retrieve them via the Exa API.