Exchange Bank v. Apalachian Land & Lumber Co.
Supreme Court of North Carolina
ActioN by the Exchange Bank against the Apalachian Land and Lumber Company, heard by Judge O. H1 Allen and a jury, at Fall Term, 1900, of Cheboeee County Superior Court. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
This action began by a warrant before a Justice of the Peace which summoned the defendant (no written complaint being filed) “to answer the complaint of plaintiff in a civil action for the recovery of $191.67, due by note.” At the trial tire promissory note put in evidence was for $191.67, with 7 per cent interest from date (16th June, 1899) “with all costs of collection including 10 per cent attorney fees in case suit is necessary for collection,” with a further collateral agreement to waive “homestead and personal property exemption under the Constitution and laws of North Carolina or any…
2Cases cited9 opinions
- Bullock v. TaylorMichigan Supreme Court · 1878
- Tinsley v. . HoskinsSupreme Court of North Carolina · 1892
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- D. B. Brisco & Co. v. NorrisSupreme Court of North Carolina · 1893
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- Queen City Coach Co. v. Lumberton Coach Co.Supreme Court of North Carolina · 1948
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