Legal Opinion

Plemmons v. Southern Improvement Co.

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 38 opinions

This was a civil action, tried at November Term, 1889, of Madison Superior Court, by Whitaker, J. The facts are stated in the opinion.

1Opinion of the Court

Clark, J.:

The summons commanded the Sheriff to summons “A. H. Bronson, President of the Southern Improvement Company,” and it was so served. This is legally a summons and service only upon A. H. Bronson individually. Young v. Barden, 90 N. C., 424. The superadded words “President of the Southern Improvement Company,” were a mere descriptio personae,, as would be the words “ Jr.” or “ Sr.,” or the addition of words identifying a party by the place of his residence, and the like.-

The Code, § 273, gives the Court very great powers of amendment over pleadings, process and proceeding “ by adding…

2Cases cited7 opinions

  1. State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
  2. Reynolds v. . SmathersSupreme Court of North Carolina · 1882
  3. Mitchell v. . KilburnSupreme Court of North Carolina · 1876
  4. Johnson v. . PateSupreme Court of North Carolina · 1884
  5. Foster v. . PenrySupreme Court of North Carolina · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  2. Wiles v. Welparnel Const. Co., Inc.Supreme Court of North Carolina · 1978
  3. Hogsed v. . PearlmanSupreme Court of North Carolina · 1938
  4. Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
  5. Cox v. CoxSupreme Court of North Carolina · 1957

33 more not listed; retrieve them via the Exa API.

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