Tate v. . Powe
Supreme Court of North Carolina
Dower, before Mitchell, J., at Spring Term 1870, of Burke Court. Tbe summons bad been made returnable to tbe Term of tbe Court. Tbe defendants moved to dismiss for want of jurisdiction. His Honor refused to make tbis order, and tbe defendants • appealed.
1Opinion of the CourtPearson, C. J.
Tbe enactment, “writs of summons shall be returnable to tbe regular Terms of tbe Superior-Courts,” in tbe act suspending tbe Code of Civil Procedure-in certain cases, applies only to civil actions. Tbe act concerning special proceedings, Acts 1868-’69, cb. 93, enacts,, that when there are adverse parties, “ tbe proceeding shall be commenced as is prescribed in civil actions,” — that is by summons ; and tbe question is, should tbe summons be returnable before tbe Clerk, or before tbe Judge in term time. Tbe latter is tbe literal construction, and it must be admitted that there is a want of…
2Cases cited1 opinion
- Woodley v. . GilliamSupreme Court of North Carolina · 1870
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