Cooper v. . Wyman
Supreme Court of North Carolina
Civil action heard before Norwood, J., at Fall Term, 1897, of Ohekokee Superior Court, on a motion made by the defendant, who entered a special appearance for the purpose, to dismiss the action upon the ground stated in the opinion. The motion was denied and defendant appealed.
1Opinion of the Court
Clark, J.:
The defendant is a non-resident of this State and was served with a summons in this action while attending Swain Superior Court to prosecute an action, in which he was sued, as a witness in his own behalf, and the affidavit (which was taken as true, not being controverted) states that he was not in this State for any other purpose whatever.
The motion to dismiss the action was properly refused, but the point relied on, which should regularly have been raised by a motion to strike out the return of. service, is that a summons or other civil process cannot be served upon a non-resident…
2Cases cited9 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- State v. . WyldeSupreme Court of North Carolina · 1892
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Thornton v. American Writing Machine Co.Supreme Court of Georgia · 1889
- Wilson v. DonaldsonIndiana Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916
- Diamond v. EarleMassachusetts Supreme Judicial Court · 1914
- State ex rel. Lane v. District CourtMontana Supreme Court · 1915
- Duffy v. Meadows.Supreme Court of North Carolina · 1902
- Jester v. . Steam Packet Co.Supreme Court of North Carolina · 1902
33 more not listed; retrieve them via the Exa API.