Brown v. . Taylor
Supreme Court of North Carolina
Civil actioN, tried before Lona, J,, and a jury, at October Term, 1916, of WayNE. It appeared that Mrs._ Elizabeth Taylor is the mother of codefendant and of plaintiff’s wife, and the action is to recover damages for an alleged breach of contract made between plaintiff and defendant, stipulating for care and provision for Mrs. Elizabeth Taylor in the home of plaintiff, and indicated in the response to the issues.
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Civil actioN, tried before Lona, J,, and a jury, at October Term, 1916, of WayNE. It appeared that Mrs._ Elizabeth Taylor is the mother of codefendant and of plaintiff’s wife, and the action is to recover damages for an alleged breach of contract made between plaintiff and defendant, stipulating for care and provision for Mrs. Elizabeth Taylor in the home of plaintiff, and indicated in the response to the issues. On the return of the summons, personal service having been made within the State, defendant, a citizen resident of the State of Florida, entered a special appearance and moved to…
1Opinion of the Court
Hoke, J.,
after stating the case: Under our procedure, the defendant has taken the proper steps to present the question as to the validity of the service upon him (Cooper v. Wyman, 122 N. C., 784), but we are of opinion that the facts in evidence do not bring his case within the principle which, as a rule, protects nonresident suitors and witnesses from service of civil process while in attendance on the courts of the forum.
The general principle is fully recognized (Cooper v. Weyman, supra; Ballinger v. Elliott, 72 N. C., 566; Barber v. Knowles, 77 Ohio St., 81; Martin v. Balin, 76 Ark., 158;…
2Cases cited9 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
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3Cited by16 opinions
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