Burleson Mica Co. v. Southern Express Co.
Supreme Court of North Carolina
Appeal by American. Railway Express Company from Bay, J., at August Term, 1921, of Mitchell. Summons was issued against both defendants on 22 November, 1919. Tbe Southern Express Company entered a special appearance, and moved to dismiss the’action as to it on tbe ground that process bad not been served. There was an order for an alias summons, and an alias writ of attachment against tbe stock held by tbe Southern Express Company in tbe American Railway Express Company.
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Appeal by American. Railway Express Company from Bay, J., at August Term, 1921, of Mitchell. Summons was issued against both defendants on 22 November, 1919. Tbe Southern Express Company entered a special appearance, and moved to dismiss the’action as to it on tbe ground that process bad not been served. There was an order for an alias summons, and an alias writ of attachment against tbe stock held by tbe Southern Express Company in tbe American Railway Express Company. Plaintiffs alleged that mica of tbe value of $1,290, tbe property of tbe mica company, was delivered to tbe Southern Express…
1Opinion of the CourtAdams, J.
The appellant’s fourteenth exception impeaches the validity of Judge McElroy’s order, and incidentally of the affidavit on which it is based. The application for the order rests on the following sections of Consolidated Statutes:
“The court before which an action is pending, or a judge thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers, and documents in his possession or under his control, containing evidence relating to the merits of the action or…
2Cases cited2 opinions
- Demise of Jackson v. JacksonSupreme Court of North Carolina · 1851
- Mills v. Lumber Co.Supreme Court of North Carolina · 1905
3Cited by7 opinions
- Vaughan v. BroadfootSupreme Court of North Carolina · 1966
- Bell v. Murchison National BankSupreme Court of North Carolina · 1928
- Dunlap v. London Guaranty & Accident Co.Supreme Court of North Carolina · 1932
- Patterson v. Southern Railway Co.Supreme Court of North Carolina · 1941
- Ross v. . RobinsonSupreme Court of North Carolina · 1923
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