King v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
PetitioN for a writ of recordari, heard before Bryan, J., at March Term, 1892, of Pitt Superior Court. The plaintiff obtained judgment against the defendant before a Justice of tlie Peace on July 14, 1891, docketed a transcript of the same on December 9, 1891, and on same day execution was issued.
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PetitioN for a writ of recordari, heard before Bryan, J., at March Term, 1892, of Pitt Superior Court. The plaintiff obtained judgment against the defendant before a Justice of tlie Peace on July 14, 1891, docketed a transcript of the same on December 9, 1891, and on same day execution was issued. The defendant thereupon filed its petition for a writ of recordari, supersedeas and restraining order, alleging, among other things, lack of jurisdiction of the Justice of the Peace, lack of service of the summons, and fraud and collusion between the Justice of the Peace and others. The plaintiff,…
1Opinion of the Court
Clark, J.:
The amended petition for recordari avers that there was no service of summons upon the defendant or its agent. If so, the judgment could be set aside at any time upon motion before the Justice of the Peace who tried the cause, or his successor in office. Whitehurst v. Transportation Co., 109 N. C., 342. His Honor, being of opinion that this was the only remedy, dismissed the petition. The defendant contends that, at its election, it was entitled to have the writ of recordari in the nature of a writ of false judgment. This is the principal question in the case.
At common law and up to…
2Cases cited12 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- Graves v. . ReidsvilleSupreme Court of North Carolina · 1921
- In Re Scarborough WillSupreme Court of North Carolina · 1905
- Gallop v. . AllenSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.