Wright v. Railroad
Supreme Court of North Carolina
ActioN by J. L. Wright against Southern Railway Co., heard by Judge G. W. Ward and a jury, at the October Term, 1905, of the Superior Court of GuilNokd. ■ ' The plaintiff brought the action before a justice of the peace to recover $133.27 alleged to be due by the defendant as wages for services rendered. The defendant pleaded what is-called the “general issue,” that is, it denied the indebtedness. The justice gave judgment against the defendant and it appealed.
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ActioN by J. L. Wright against Southern Railway Co., heard by Judge G. W. Ward and a jury, at the October Term, 1905, of the Superior Court of GuilNokd. ■ ' The plaintiff brought the action before a justice of the peace to recover $133.27 alleged to be due by the defendant as wages for services rendered. The defendant pleaded what is-called the “general issue,” that is, it denied the indebtedness. The justice gave judgment against the defendant and it appealed. In the Superior Court it further pleaded payment, set-off and counterclaim. The defendant did not at the trial deny that it was at…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff contends that the payments made by the defendant under the garnishment proceedings cannot be set up to defeat his recovery in this action because he was not notified of the process of garnishment. It does not affirmatively appear whether he was or not, hut for the sake of argument we will assume that he was not so notified. He was personally served with the summons in the principal action and (nothing else appearing) we think that was quite sufficient to bind him by the judgment in the garnishment, not that he is precluded by it from showing…
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