Warlick v. H. P. Reynolds & Co.
Supreme Court of North Carolina
ActioN beard on motion to dismiss and dissolve a restraining order, before Justice, J., at chambers in Rutherfordton, N. 0., on 15 October, 1909. It appeared that on August 25, 1909, E. H. Warlick et al., plaintiffs, citizens and residents of Burke County, N. O., bad instituted tbe action in tbe Superior Court of said county against H. P. Reynolds & Co. and tbe First National Bank of Hunting-don, Pa., citizens and residents of tbe State of.
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ActioN beard on motion to dismiss and dissolve a restraining order, before Justice, J., at chambers in Rutherfordton, N. 0., on 15 October, 1909. It appeared that on August 25, 1909, E. H. Warlick et al., plaintiffs, citizens and residents of Burke County, N. O., bad instituted tbe action in tbe Superior Court of said county against H. P. Reynolds & Co. and tbe First National Bank of Hunting-don, Pa., citizens and residents of tbe State of. Pennsylvania, et al., claiming that plaintiffs, by fraudulent statements and practice on tbe part of defendants H. C. Reynolds & Co.,' bad been induced to…
1Opinion of the Court
Hoke, J.,
after stating the facts: Jurisdiction in case of actions in personam can only be acquired by personal service of process within the territorial jurisdiction of the court, or by acceptance of service, or by a general appearance, actual or constructive, this last usually arising by reason of some motion in the cause, which can only be made in behalf of one who submithis case generally to the court’s jurisdiction. Vick v. Flournoy, 147 N. C., 209; Scott v. Insurance Co., 137 N. C., 515; Bernhardt v. Brown, 118 N. C., 701; Pennoyer v. Neff, 95 U. S., 715.
Ill the present case there has…
2Cases cited12 opinions
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