Harrell v. . Welstead

I£ it be conceded that the answer of the defendants was not properly filed (Michie’s Code, sec. 509), or was not filed in time, then the judgment by default and inquiry is void as to the corporate defendant, for said defendant had never been summoned to appear in Currituck County. Its summons was to appear before the clerk of the Superior Court of Pasquotank County and answer the complaint filed in his office. Therefore, unless the corporate defendant had come in by answer, it was not in court at all, and the judgment is without warrant of law as to it. Bank v. Wilson, 80 N. C., 200. By the…