McKee v. . Angel
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1883, of MacoN Superior Court, before Avery, J. This was an appeal from the judgment of a justice of the peace, and the facts collected from the transcript of the proceedings had before the justice sent to the superior court, and the judgment rendered by him against the defendant and others on the 30th of December, 1878, are .substantially as follows: On the 16th day of April, 1883, upon the application of the defendant Angel, the said…
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Civil ActioN tried at Spring Term, 1883, of MacoN Superior Court, before Avery, J. This was an appeal from the judgment of a justice of the peace, and the facts collected from the transcript of the proceedings had before the justice sent to the superior court, and the judgment rendered by him against the defendant and others on the 30th of December, 1878, are .substantially as follows: On the 16th day of April, 1883, upon the application of the defendant Angel, the said judgment was set aside, upon the ground that the defendant had never been served with a summons, and bad no notice of the…
1Opinion of the Court
Ashe, J.,
after stating the case. The first judgment rendered by the justice in December, 1878, was clearly void as to this defendant. The summons in a civil action before a justice of the peace must be directed to “any constable or other lawful officer.” Bat. Rev., ch. 63, §12. “But in criminal actions the warrant must be directed to the sheriff, coroner or any constable, and if no sheriff, coroner or constable can be found, the warrant may be directed to any person whatever who shall have power to execute the same within the county in which it is issued.” Bat. Rev., ch. 33, §97. This is the…
2Cases cited2 opinions
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- State v. . BarefootSupreme Court of North Carolina · 1883
3Cited by38 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Moore v. . PackerSupreme Court of North Carolina · 1917
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