Lane v. . Richardson
Supreme Court of North Carolina
Civil Action commenced in a Justice’s Court and tried on appeal at Fall Term, 1877, of Mooeb Superior Court, before Seymour, J. On the 6th of February, 1875, a summons was issued in the name of E. A. Craven who was then the owner of the-note, which is the subject of this action, and directed to Killis Gibbs, A. M. McNeill and W. B. Richardson, the defendant, requiring them to appear before the Justice and answer, &c., or judgment would betaken against them for the sum due…
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Civil Action commenced in a Justice’s Court and tried on appeal at Fall Term, 1877, of Mooeb Superior Court, before Seymour, J. On the 6th of February, 1875, a summons was issued in the name of E. A. Craven who was then the owner of the-note, which is the subject of this action, and directed to Killis Gibbs, A. M. McNeill and W. B. Richardson, the defendant, requiring them to appear before the Justice and answer, &c., or judgment would betaken against them for the sum due upon a note executed by them for two hundred dollars. The summons was served on Gibbs only and judgment was rendered…
1Opinion of the CourtFaircloth,J.
A and B make and deliver their promissory note under seal for the payment of money. Before the presumption of payment arises A is sued on said note and judgment by default is entered against him. After the lapse of ten years from the date and maturity of the note B was notified under the provisions of C. C. P. § 318, to show cause why the judgment should not stand against him, .as if he had been originally summoned. B relies on the presumption of payment and the statute of limitations. The contract being made before 1868 and action brought .afterwards, the statutes and law in force before…
2Cases cited1 opinion
- Moore v. President of the Bank of ColumbiaSupreme Court of the United States · 1832
3Cited by5 opinions
- Campbell v. BrownSupreme Court of North Carolina · 1882
- Rogers v. . ClementsSupreme Court of North Carolina · 1887
- Campbell v. . BrownSupreme Court of North Carolina · 1882
- Davis v. . ColemanSupreme Court of North Carolina · 1847
- Walton v. . RobinsonSupreme Court of North Carolina · 1845