S. B. Luttrell & Co. v. Martin
Supreme Court of North Carolina
Civil aotioN, tried at Spring Term, 1893, of Bujrke Superior Court, before Mclver, J., and a jury. Tlio action was commenced on the 8th dajT of June, 1891, by the issuance of a summons, and on the same day, upon affidavit made prior to the commencement of the action by S. B. Luttrell, the plaintiffs obtained an order for the publication of the summons.
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Civil aotioN, tried at Spring Term, 1893, of Bujrke Superior Court, before Mclver, J., and a jury. Tlio action was commenced on the 8th dajT of June, 1891, by the issuance of a summons, and on the same day, upon affidavit made prior to the commencement of the action by S. B. Luttrell, the plaintiffs obtained an order for the publication of the summons. On the 26th day of December, 1891, a second order of publication was issued upon the affidavit of S. B. Luttrell, one of the plaintiffs, and on the 28th day of December, 1891, a second summons was issued. At Fall Temí, 1891, plaintiffs filed…
1Opinion of the Court
Clark, J.:
The appeal from the refusal to dismiss the action was held premature in this case, 111 N C., 528. But the exception having been noted, now conies up for review without prejudice on this appeal from the final judgment. Guilford County v. Georgia Co., 109 N. C., 310.
It was admitted that the summons had been served on the agent of the defendant corporation February 23, 1892, but the return of the Sheriff was unsigned, though indorsed in proper form on the summons. The Judge did not exceed his powers, but exercised them properly in permitting the Sheriff to sign the return mine pro…
2Cases cited16 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Smiley v. . PearceSupreme Court of North Carolina · 1887
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
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3Cited by11 opinions
- Wallace v. . SalisburySupreme Court of North Carolina · 1908
- Morrissey v. GrayCalifornia Supreme Court · 1911
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
- Alexander v. . AlexanderSupreme Court of North Carolina · 1897
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
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