Holly v. . Perry
Supreme Court of North Carolina
Civil action, heard by Avery, Judge, at Spring Term, 1884, of the Superior Court of Bertie county. At the appearance term, the plaintiff having filed his complaint, the defendant moved to dismiss the action upon the ground that the plaintiff had not given an undertaking as required by The Code, §209, which provides that, “before issuing the summons, the clerk shall require of the plaintiff, either to give an undertaking, with sufficient surety, in the sum of two hundred…
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Civil action, heard by Avery, Judge, at Spring Term, 1884, of the Superior Court of Bertie county. At the appearance term, the plaintiff having filed his complaint, the defendant moved to dismiss the action upon the ground that the plaintiff had not given an undertaking as required by The Code, §209, which provides that, “before issuing the summons, the clerk shall require of the plaintiff, either to give an undertaking, with sufficient surety, in the sum of two hundred dollars, with the condition that the same shall be void, if the plaintiff shall pay the defendant all such costs as the…
1Opinion of the CourtMerrimon, J.
(after stating the facts). The clerk ought to have required, and the plaintiff ought to have given, a formal undertaking as required by the statute. Indeed, it is more orderly, better and safer, in all cases to observe strictly statutory requirements in matters of procedure. A contrary course never fails to result in irregular and confused practice, and is attended in almost every case with more or less hazard to litigants.
The bond written on the summons in this ease, is certainly informal, and in some respects not very definite and certain, but taking it in connection with the summons, its…
2Cited by1 opinion
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