Plemmons v. Southern Improvement Co.
Supreme Court of North Carolina
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
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Reynolds v. . SmathersSupreme Court of North Carolina · 1882
- Mitchell v. . KilburnSupreme Court of North Carolina · 1876
- Johnson v. . PateSupreme Court of North Carolina · 1884
- Foster v. . PenrySupreme Court of North Carolina · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Wiles v. Welparnel Const. Co., Inc.Supreme Court of North Carolina · 1978
- Hogsed v. . PearlmanSupreme Court of North Carolina · 1938
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Cox v. CoxSupreme Court of North Carolina · 1957
33 more not listed; retrieve them via the Exa API.