Herndon v. Autry
Supreme Court of North Carolina
Appeal, by plaintiff from Finley, <7V at January Term, 1921, of Guileoed. Civil action for debt. All the material facts are set out in the judgment of the Superior Court, which follows: “This cause coming on to be heard, and it appearing to the court that this action was begun on 31 December, 1919, before a justice of the peace of Guilford County, by the plaintiff making affidavit to obtain a warrant of attachment and issuing a summons against the defendant; that said…
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Appeal, by plaintiff from Finley, <7V at January Term, 1921, of Guileoed. Civil action for debt. All the material facts are set out in the judgment of the Superior Court, which follows: “This cause coming on to be heard, and it appearing to the court that this action was begun on 31 December, 1919, before a justice of the peace of Guilford County, by the plaintiff making affidavit to obtain a warrant of attachment and issuing a summons against the defendant; that said summons was returned ‘defendant not to be found in my county’; that said warrant of attachment was levied on the household and…
1Opinion of the CourtStacy, J.
At the request of the plaintiff, and without objection, the court finds as a fact that the defendant was and is a resident of North Carolina; that he did not conceal himself to avoid service of summons, and that no process has ever been served upon him in this cause. Therefore the original judgment entered by the justice of the peace should have been set aside and the warrant of attachment vacated upon proper motion. Lumber Co. v. Buhmann, 160 N. C., 385; Rackley v. Roberts, 147 N. C., 201; Carter v. Rountree, 109 N. C., 29.
The fact that defendant knew this action was pending and that his…
2Cases cited8 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- In Re the Appeal of HarrisSupreme Court of North Carolina · 1968
- Graves v. . ReidsvilleSupreme Court of North Carolina · 1921