Houston v. Lumber Co.
Supreme Court of North Carolina
ActioN by B. N. Houston against tbe Greensboro Lumber Company and J. T. B. Shaw, receiver, beard by Judge O. M. Co olee, at January Term, 1904, of the Superior Court of Dubham County. From a judgment for the plaintiff the defendant lumber company appealed.
1Opinion of the CourtClark, C. J.
The summons issued against the “Greensboro Lumber Co. and J. T. B. Shaw, receiver.” It was served upon “J. T. B. Shaw, receiver of the Greensboro /Lumber Company.” The action was dismissed as to the receiver on demurrer because leave of Court had not been obtained to bring action against the receiver.. There was no answer or demurrer filed as to the company and judgment against it was taken by default and inquiry. After the adjournment for the term, but within ten days thereafter, the defendant entered a special appearance and gave notice of appeal.
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2Cases cited6 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- Mullen v. Norfolk & North Carolina Canal Co.Supreme Court of North Carolina · 1893
- Brown & Co. v. NimocksSupreme Court of North Carolina · 1900
- Russell v. . HearneSupreme Court of North Carolina · 1893
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