Durham Fertilizer Co. v. Marshburn
Supreme Court of North Carolina
Civil action tried on appeal from a Justice of the Peace at December Term, 1897, of Duplin Superior Court before Robinson, J. The facts appear in the opinion. The action was dismissed on motion of the defendants and plaintiff appealed.
1Opinion of the Court
Ftjkohes, J.:
This action was commenced before a Justice of the Peace of Duplin County. A part of the defendants named in the summons lived in Duplin County and a part of them in Sampson County. The summons was directed to “Any constable or other lawful officer of Duplin County.” ' This summons was duly served on the defendants living in Duplin, but not on those living in Sampson. Upon the return of the summons, endorsed as above indicated, the case was continued to the 24th day of November, 1894, and an alias summons was issued by Woodward, the Justice of the Peace of Duplin, directed as the…
2Cases cited3 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Davis v. . SanderlinSupreme Court of North Carolina · 1896
- Lilly & Bro. v. PurcellSupreme Court of North Carolina · 1878
3Cited by7 opinions
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Johnson v. Reformers.Supreme Court of North Carolina · 1904
- Utilities Com. v. . R. R.Supreme Court of North Carolina · 1944
- Shaw v. HughesCourt of Appeals of South Carolina · 1991
- Bank of Union v. CarlileSupreme Court of North Carolina · 1917
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