McClure v. Fellows
Supreme Court of North Carolina
Action by W. K. McClure against C. A. Fellows and others, beard by Judge W. A. Hoke, at May Term, 1902, of the Superior Court of Mitchell County. From a judgment for the plaintiff, the defendants appealed.
1Opinion of the CourtCook, J.
The defendants entered a Special appearance and moved to vacate the attachment and dismiss the action, upon the ground that no summons had issued, and that the levy of the attachment was void and of no effect. His Honor overruled the motion, and defendants excepted and appealed.
From the facts agreed, it appears that the summons was filled out and signed by the Clerk, but never issued to the Sheriff, or to any one for him, but remained in the office of the Clerk. An order of publication of the summons and of the warrant of attachment was duly signed by the Clerk, and the same was duly…
2Cases cited5 opinions
- Webster v. . SharpeSupreme Court of North Carolina · 1895
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Marsh v. . Williams and BrinkleySupreme Court of North Carolina · 1869
- Moore v. N. C. RailroadSupreme Court of North Carolina · 1872
- Fleming v. . PattersonSupreme Court of North Carolina · 1888
3Cited by11 opinions
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
- Dell School v. PeirceSupreme Court of North Carolina · 1913
- Williams v. BraySupreme Court of North Carolina · 1968
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
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