Rufty v. . Claywell, Powell Co.
Supreme Court of North Carolina
Joint and Several Contracts — Statute of Limitation. Civil Action, tiled before MaaRae, Judge, and a jury at Spriug Term, 1885, of Catawba Superior Court.
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Joint and Several Contracts — Statute of Limitation. Civil Action, tiled before MaaRae, Judge, and a jury at Spriug Term, 1885, of Catawba Superior Court. The plaintiff commenced his action on February 10, 1880, by the issue of process against the three defendants constituting the partnership firm of Claywell, Powell & Co., for the recovery of the amount due on a promissory note given on September 30, 1878. The summons was duly served on two of the partners, A. M. Powell and P. C. Shuford, but not on the partner J. A. Clay-well, nor was any alias summons afterwards issued as to him. The…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The sole question presented in the appeal, is whether the running of the statute was arrested as to all the partners by the institution of the original action, or continued for the protection of the appellee, because not prosecuted by the issue of an alias summons against him.
■ The preceding section of The Code, makes separate'provisions for prosecuting the action on liabilities that are joint, and liabilities that are several; and it is to the former that the four following sections apply. Under the rules of pleading, according to our former system, if…
2Cases cited3 opinions
- Stannard v. MatticeNew York Supreme Court · 1852
- Merwin v. . BallardSupreme Court of North Carolina · 1871
- Lahey v. KingonNew York Supreme Court · 1861
3Cited by9 opinions
- Thomas M. McInnis & Associates, Inc. v. HallSupreme Court of North Carolina · 1986
- North State Finance Co. v. LeonardSupreme Court of North Carolina · 1964
- Bute v. BrainerdTexas Supreme Court · 1899
- Davis v. . SanderlinSupreme Court of North Carolina · 1896
- Gorham v. . GoodwinSupreme Court of North Carolina · 1917
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