Ricaud v. Alderman.
Supreme Court of North Carolina
Action by A. C. Ricaud, receiver of the First National Bank of Wilmington,' against Alderman & Planner, beard by Judge B. B. Peebles, at February Term, 1903, of the Superior Court of New HaNOvbe County. Homer J. Clark, who is referred to in the opinion, was appointed receiver in place of A. G. Ricaud, resigned. E. K. Bryan was' counsel for plaintiff in the action from its commencement.
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Action by A. C. Ricaud, receiver of the First National Bank of Wilmington,' against Alderman & Planner, beard by Judge B. B. Peebles, at February Term, 1903, of the Superior Court of New HaNOvbe County. Homer J. Clark, who is referred to in the opinion, was appointed receiver in place of A. G. Ricaud, resigned. E. K. Bryan was' counsel for plaintiff in the action from its commencement. He purchased the judgment in question from Homer J. Clark, as receiver, along with other assets of the bank. From an order setting aside a judgment as to A. J; Flanner individually, the plaintiff appealed.
1Opinion of the CourtConnor, J.
This is a motion made by the defendant A. J. Flanner to set aside a judgment rendered at January Term, 1897, of the Superior Court of New Hanover County. His Honor, upon affidavits, inspection of the record and other competent testimony, found the following facts:
The summons was issued November 3, 1894, against the defendants, Alderman & Elanner, and returned with the following endorsementthereon, “Executed November 3, 1894, on W. H. Alderman. A. J. Elanner not to be found in county. Received my fees,' 60 cents,” signed by the Sheriff; that s'aid summons was not served on defendant A. J.…
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