Bernhardt v. Brown
Supreme Court of North Carolina
Civil, ACTION, for the recovery of land, and to determine conflicting titles to the same, tried before Bryan, J., and a jury, at Fall Term, 1895, of Buricb Superior Court.
Read the full summary
Civil, ACTION, for the recovery of land, and to determine conflicting titles to the same, tried before Bryan, J., and a jury, at Fall Term, 1895, of Buricb Superior Court. It was admitted that both parties claimed under the North Carolina Estate Company (Limited) and that the land in controversy had been conveyed to the company by ■deed in June, 1886. In response to issues submitted, to which there were no exceptions, the jury found that there had been two execution sales of the land in controversy; that, at the first sale, made May 6, 1889, when the defendant, George W. Brown, purchased, the…
1Opinion of the Court
Clark, J.:
“ Due process of law ” requires that service of process shall always be made. There are three modes in which' this can be done.
1. By actual service (or, in lieu thereof, acceptance of service or a waiver of service by an appearance in the action). "Whether actual service shall be made by reading the summons, or notice to the defendant, or leaving'a copy with him personally or at his usual place of residence, is for the Legislature to prescribe. The Gode, Sections 214, 217, 597. „
2. By publication of summons in cases in which it is authorized by law, in proceedings in rem. In these…
2Cases cited16 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Winfree v. . BagleySupreme Court of North Carolina · 1889
- Cook v. . MooreSupreme Court of North Carolina · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Mabee v. McDonaldTexas Supreme Court · 1915
31 more not listed; retrieve them via the Exa API.