Guilford v. . Georgia Co.
Supreme Court of North Carolina
This cause was heard, upon motion, before Winston, J., at Fall Term, 1891, of Guileoed Superior Court. The petition alleges that notice of summons was published in The Daily Record from August 3rd, 1891, to August 31st, 1891, both days inclusive, the last day being the day on which Court began.
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This cause was heard, upon motion, before Winston, J., at Fall Term, 1891, of Guileoed Superior Court. The petition alleges that notice of summons was published in The Daily Record from August 3rd, 1891, to August 31st, 1891, both days inclusive, the last day being the day on which Court began. That on Saturday, September 5th, the case was called by his Honor in its order on the summons docket, when the attorney for defendant entered a special appearance, and moved— 1. That this case go over to next term as return term of summons, because the notice of publication embraces only four weeks,…
1Opinion of the Court
Clark, J.:
This application is for a certiorari, as a substitute for an appeal claimed to have been denied by the Judge. Skinner v. Maxwell, 67 N. C., 257. It is clear that an appeal did not lie from the interlocutory ruling of the Court, and it was the duty of the Judge not to suspend proceedings. Carleton v. Byers, 71 N. C., 331. If the defendant was not duly served with process properly returnable to such term, he could either have disregarded the further proceedings of the Court, which would have been a nullity as to him, or he could have had his exception noted and have proceeded with the…
2Cases cited13 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- State v. . LockyearSupreme Court of North Carolina · 1886
- State v. . DivineSupreme Court of North Carolina · 1887
- Hines v. . HinesSupreme Court of North Carolina · 1881
- McBryde v. . PattersonSupreme Court of North Carolina · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Cox v. City of KinstonSupreme Court of North Carolina · 1940
25 more not listed; retrieve them via the Exa API.