Calmes v. . Lambert
Supreme Court of North Carolina
Appeal from W. R. Allen, J., at tbe December Term, 1909, of WayNE. Motion to set aside judgment. Tbe facts as to tbe rendition of tbe judgment and relevant to tbe inquiry are set forth in tbe case on appeal as follows: This was a motion made by tbe defendant to set aside tbe judgment by default rendered in tbe above entitled action at August Term, 1909, of tbe Superior Court of Wayne County, and a verdict assessing damages, and a judgment rendered thereon at October Term,…
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Appeal from W. R. Allen, J., at tbe December Term, 1909, of WayNE. Motion to set aside judgment. Tbe facts as to tbe rendition of tbe judgment and relevant to tbe inquiry are set forth in tbe case on appeal as follows: This was a motion made by tbe defendant to set aside tbe judgment by default rendered in tbe above entitled action at August Term, 1909, of tbe Superior Court of Wayne County, and a verdict assessing damages, and a judgment rendered thereon at October Term, 1909, of said court upon tbe grounds hereinafter set forth beard before W. R. Allen, judge, at November Term, 1909, of…
1Opinion of the Court
Hoke, J.,
after stating the case. The Eevisal of 1905, sec. 431, provides that “every summons, addressed to the sheriff or other officer of any county other than that from which it issued, shall be attested by the seal of the court.”
There are many cases in our court in which the expression is used that “process to another county without seal is void,” others speak of it as a “nullity.” McArter v. Rhea, admr., 122 N. C., p. 614; Taylor v. Taylor, 83 N. C., p. 116. If these expressions can be considered as in strictness correct, they are only so until the process is validated by amendment, for…
2Cases cited1 opinion
- Wolfe v. DavisSupreme Court of North Carolina · 1876
3Cited by17 opinions
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Cox v. . BoydenSupreme Court of North Carolina · 1914
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Norwich Union Fire Insurance Society v. Bainbridge Grocery Co.Court of Appeals of Georgia · 1915
- Lee v. HoffSupreme Court of North Carolina · 1942
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