Folk, Trustee of Burnett v. . Howard
Supreme Court of North Carolina
Civil action, tried before Seymour, J., at Pali Term, 1874, CRAVEN Superior Court. This was an action for the claim and delivery of personal property. It was admitted that the summons was issued on the Saturday next before the Fall Term, 1874, of Craven Superior Court. The defendant moved to dismiss the action on the ground that the summons was void.
Read the full summary
Civil action, tried before Seymour, J., at Pali Term, 1874, CRAVEN Superior Court. This was an action for the claim and delivery of personal property. It was admitted that the summons was issued on the Saturday next before the Fall Term, 1874, of Craven Superior Court. The defendant moved to dismiss the action on the ground that the summons was void. The Court overruled the motion, and ordered an alias to issue, returnable to Spring Term. ' From which Judgment the defendant appealed. All the other facts necessary to an understanding of the case are set out in the opinion of the Court.
1Opinion of the CourtSettle, J.
A summons in an action for claim and delivery of personal property, was issued on Saturday next before the Fall Term, 1874, of Craven Superior Court, which commenced on Monday.
After the issuing of the summons, the plaintiff made an affidavit and filed an undertaking, as prescribed by law; and thereupon the sheriff was ordered 'to take, and did take the property claimed, into his possession, and afterwards delivered it to the plaintiff.
The sheriff returned, however, that the summons came too late to hand to execute the same ten days prior to the Fall Term of Court.
The defendant moved to…
2Cited by3 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Manix v. . HowardSupreme Court of North Carolina · 1880
- Manix v. . HowardSupreme Court of North Carolina · 1878