Banks v. Lane

Tbe original proceedings are pending in Craven Superior Court, and tbis action to enjoin tbe execution issued upon tbe judgment rendered therein is brought in Lenoir. Tbe judge merely finds as a fact that there was no service upon tbe plaintiff, but does not find that it appears affirmatively on tbe face of tbe Craven judgment there was no sucb service, and for all that does appear it may be and is very likely that the judge did not bave tbe original record before him at tbe time be made bis findings. If it appeared from tbe record that tbe plaintiff was served when in fact she was not, then…