Taylor v. . Harris
Supreme Court of North Carolina
Civil AotioN, tried at Spring Term, 1879, of New Hanover Superior Court, before Seymour, J. The action was brought to fall term, 1878, which began on Monday the 2d day of December, 1878. The summons was served on Thursday the 21st day of November, 1878 ; and the defendant contended that the summons was not served ten days before said term, and that the spring term was therefore the appearance term.
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Civil AotioN, tried at Spring Term, 1879, of New Hanover Superior Court, before Seymour, J. The action was brought to fall term, 1878, which began on Monday the 2d day of December, 1878. The summons was served on Thursday the 21st day of November, 1878 ; and the defendant contended that the summons was not served ten days before said term, and that the spring term was therefore the appearance term. The court held that the service was in time for fall term, 1878, and ruled the defendant to trial, to which he excepted. The jury returned a verdict for plaintiff, uuon which judgment was rendered,…
1Opinion of the CourtAshe, J.
In computing the time required by law for a summons to be served before the beginning of a term of the superior court, we must be governed not by the Code of Civil Procedure, whose provisions in regard to the service and return of summons are not now in force, but by the act of 1870-71, ch. 42, by which the Code has been suspended in these and other particulars.
That act provides that “ the officer to whom the summons is addressed, shall note on it the day of delivery to him and shall execute it at least ten days before the beginning of the term to which it is returnable, and shall return it…
2Cited by2 opinions
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Harris v. LattaSupreme Court of North Carolina · 1979