Vick v. . Flournoy
Supreme Court of North Carolina
AotioN beard on notice to dismiss, before Neal, J., at October Term, 1907, of EdgegoMbe. Tbe facts upon wbicb said notice was. considered and determined were as follows: On 1 August, 1884, John Vick, wbo was tbe owner of a tract of land in Edgecombe County, North Carolina, executed to O. 0. Earrar a mortgage on said land to secure a note for $1,474.34, wbicb be owed Earrar and wbicb was due and payable on 1 January, 1885. Tbis mortgage was put to record in tbe Edgecombe…
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AotioN beard on notice to dismiss, before Neal, J., at October Term, 1907, of EdgegoMbe. Tbe facts upon wbicb said notice was. considered and determined were as follows: On 1 August, 1884, John Vick, wbo was tbe owner of a tract of land in Edgecombe County, North Carolina, executed to O. 0. Earrar a mortgage on said land to secure a note for $1,474.34, wbicb be owed Earrar and wbicb was due and payable on 1 January, 1885. Tbis mortgage was put to record in tbe Edgecombe registry, in Book 59, at page 265. On tbe . . . day of Hay, 1891, O. 0. Earrar died testate and G. B. Wrigbt qualified as…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe principal question presented in tbis appeal, on tbe right of plaintiff to proceed' as a matter of jurisdiction in tbe court, has been resolved against tbe defendants’ position in several decisions of tbis Court, notably tbe case of Bernhardt v. Brown, 118 N. C., 701 et seq. In that well-considered opinion tbe present Chief Justice points out tbe different methods by wbicb a court may acquire jurisdiction of a cause and of parties litigant, and, among other rulings, bolds as follows: “1. There are three modes for tbe ‘due service of process’ — (a) by actual…
2Cases cited12 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Rowe v. PalmerSupreme Court of Kansas · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- White v. WhiteSupreme Court of North Carolina · 1920
- Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
- Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
- White v. . WhiteSupreme Court of North Carolina · 1920
19 more not listed; retrieve them via the Exa API.