Bank of Union v. Carlile
Supreme Court of North Carolina
Appeal from justice of tbe peace, tried before Webb., J., at February-Term, 1917, of UNION. There was a verdict and judgment for plaintiff. The defendants, H. A. DeCover and wife, appealed.
1Opinion of the CourtBrown, J.
This action was instituted before a justice of the peace of Union County for the recovery of $200 on promissory notes against Mrs. Nan Garble, a resident of Union County, and H. A. DeCover and Mrs. II. A. DeCover, residents of New Hanover County. The summons was issued on 24 November, 1916, and was served on II. A. DeCover and Mrs. H. A. DeCover on 2 December, 1916, and was returnable on 8 December, 1916. On return day those defendants, by attorney, entered a special appearance before the justice and moved to dismiss the action for the reason that'the summons was not served upon them for more…
2Cases cited2 opinions
- Durham Fertilizer Co. v. MarshburnSupreme Court of North Carolina · 1898
- Laney v. . HuttonSupreme Court of North Carolina · 1908