Woodley v. . Gilliam
Supreme Court of North Carolina
Ciyil ACTION to recover possession of land, tried before Jones, J., at Spring Term 1870, of Washington Court. Tbe summons was returned before the Clerk, and the defendant having demurred to the complaint for want of jurisdiction, the action was dismissed; upon an 'appeal to the-Judge, this ruling was reversed; and the defendant appealed to this Court.
1Opinion of the CourtBodman, J.
The question whether an action to recover the possession of land, is a civil action, within the meaning of the Code of Civil Procedure, and the Act of 186S-’69, ch.. 76, p. 189, so as to require the summons to be returned in term time, — or, is a special proceeding, as distinguished from what is termed in the Code a civil action, so that the summons may be returnable before the Clerk at any time, is decided in Tate v. Powe, ante 644. Personally, I do not quite approve of the manner in which the line of distinction is drawn in that case. I think those actions are special proceedings, in which…
2Cited by3 opinions
- Tate v. . PoweSupreme Court of North Carolina · 1870
- Halyburton v. . Greenlee and FlemmingSupreme Court of North Carolina · 1875
- Sharpe v. . WilliamsSupreme Court of North Carolina · 1877