Moore v. . Packer
Supreme Court of North Carolina
Appeal by plaintiffs from order of Garter, J., 21 March, 1917; from Caldwell. This is an action to restrain the collection of a judgment under execution. On 12 March, 1913, Packer and Harrison, the defendants herein, instituted their civil action against W. 0. Moore in the Superior Court of Burke County, and the sheriff made return upon the summons as follows: “Keceived 13 March, 1913. Served 13 March, 1913, by reading the within to W. 0. Moore.
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Appeal by plaintiffs from order of Garter, J., 21 March, 1917; from Caldwell. This is an action to restrain the collection of a judgment under execution. On 12 March, 1913, Packer and Harrison, the defendants herein, instituted their civil action against W. 0. Moore in the Superior Court of Burke County, and the sheriff made return upon the summons as follows: “Keceived 13 March, 1913. Served 13 March, 1913, by reading the within to W. 0. Moore. J. P. Icárd, Sheriff, Caldwell County.” A restraining order was issued in that action and it was returned as served on W. C. Moore. At the hearing on…
1Opinion of the CourtAllen, J.
The plaintiff W. C. Moore, Jr., filed an answer and entered a general appearance in the former action, and he and his co-plaintiff filed the bond conditioned to pay the damages recovered, and. both of them excepted to and gave notice of appeal from the judgment rendered.
This conduct on the part of the plaintiffs amounted to a general, appearance and gave the court jurisdiction of the parties (Chadbourn v. Johnson, 119 N. C., 282), and as it also had jurisdiction of the subject-matter, the judgment rendered is not void.
“Where a defendant has never been served with process, nor appeared, in…
2Cases cited7 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Vass v. Peoples' Building & Loan Ass'nSupreme Court of North Carolina · 1884
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3Cited by33 opinions
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- Clark v. . HomesSupreme Court of North Carolina · 1925
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Moore v. HumphreySupreme Court of North Carolina · 1958
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