Clark v. Deloach Mills Manufacturing Co.
Supreme Court of North Carolina
ATTACHMENT proceedings, heard (u,pon appeal from a Justice of the Peace) at Fall Term, 1891, of Craven Superior Court, before Bryan, J. The plaintiffs moved before his Honor to dismiss the appeal. The summons was issued in the Justice’s Court on August 7th, 1891, and, at the same time, the affidavit of the plaintiff and warrant of attachment were made, and the said affidavit and an order of publication were entered on August 8th.
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ATTACHMENT proceedings, heard (u,pon appeal from a Justice of the Peace) at Fall Term, 1891, of Craven Superior Court, before Bryan, J. The plaintiffs moved before his Honor to dismiss the appeal. The summons was issued in the Justice’s Court on August 7th, 1891, and, at the same time, the affidavit of the plaintiff and warrant of attachment were made, and the said affidavit and an order of publication were entered on August 8th. On the return day (September 7th) of the notice the plaintiff appeared, the defendant not appearing. Judgment .was rendered for plaintiff September 18th. Notice of…
1Opinion of the Court
Clark, J.:
The defendant isa non-resident corporation, it was not served with process, and did not appear and answer at the trial before the Justice. It had the right to appeal after notice of the judgment. The Code, § 876. It appears, however, that the defendant attempted to appeal, not from the judgment generally, but by a limited notice of appeal in the nature of a special appearance. We know of no authority or reason for such practice. An appeal must be from the judgment rendered. If after the judgment, the defendant appearing specially for the purposes of the motion, had moved to set…
2Cases cited6 opinions
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Motor Co. v. . ReavesSupreme Court of North Carolina · 1922
- Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
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