Legal Opinion

Nelson v. Atlantic Coast Line Railroad Co. Relief Department

Supreme Court of North Carolina

Decided March 11, 1908PublishedCited by 19 opinions

Civil action, tried, before Lyon, J., and a jury, at November Term, 1907, of the Superior Court of Pitt County. The facts are sufficiently stated in the opinion of the Court.

1Opinion of the CourtOlaRK, C. J.

The defendant named in the summons is “The Atlantic Coast Line Railroad Company Relief Department.” The process is returned as served on “Dr. G. G. Thomas, Superintendent of the Atlantic Coast Line Relief Department.” The complaint alleges a contract with said “relief department” and a breach thereof. The action is not against the railroad company, nor has the summons been served on that company, nor has it appeared in this action.

It is admitted here by counsel of both parties that said “Atlantic Coast Line Relief Department” has not been incorporated. It is neither a natural nor an…

2Cases cited5 opinions

  1. Granville County Board of Education v. State Board of EducationSupreme Court of North Carolina · 1890
  2. Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
  3. State v. . GrantSupreme Court of North Carolina · 1889
  4. Bain v. . StateSupreme Court of North Carolina · 1882
  5. State v. . ShawSupreme Court of North Carolina · 1885

3Cited by19 opinions

  1. Operative Plasterers' & Cement Finishers' International Ass'n v. CaseCourt of Appeals for the D.C. Circuit · 1937
  2. Barden v. . R. R.Supreme Court of North Carolina · 1910
  3. Rollins v. Junior Miller Roofing Co.Court of Appeals of North Carolina · 1981
  4. Venus Lodge No. 62 v. Acme Benevolent Ass'nSupreme Court of North Carolina · 1950
  5. Tucker v. . EatoughSupreme Court of North Carolina · 1923

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