Grady v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil aotioN by L. Y. Grady against the Richmond & Danville Railroad Company, heard before Hoke, J., at Spring Term, 1895, of DupliN Superior Court.
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Civil aotioN by L. Y. Grady against the Richmond & Danville Railroad Company, heard before Hoke, J., at Spring Term, 1895, of DupliN Superior Court. The summons was issued against the R. & D. Railroad Co., and Samuel Spencer, E. W. ITuidekoper and Reuben Foster, Receivers, who were then in charge of its property, returnable to DupliN Superior Court on the 1st Monday in August, 1894 (Aug. 6), and was served 23 May, 1894, by the Sheriff of Wayne County, who delivered a copy of it to C. M. Levister who was “the local agent employed in charge of the freight office at Goldsboro, collecting freight…
1Opinion of the Court
ClaRK, J.:
The power of the Court to permit the Sheriff to amend his return, both before and after judgment, so as to make it speak the truth, is settled beyond discussion. Campbell v. Smith, 115 N. C., 498, and cases cited; Clark’s Code, pp. 222, 227, 498, 499. The amendment “related back to the original return and has the same effect as if the amended return had been originally made.” Murfree on Sheriffs, Sec. 880; 22 A. & E. Ency., 204; Freeman on Ex., 358. There was no ground therefore on which to permit an answer to be now filed. The service upon “the local agent” was valid under the…
2Cases cited6 opinions
- Ross v. DugganSupreme Court of Colorado · 1879
- Farris v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- State v. Western North Carolina RailroadSupreme Court of North Carolina · 1883
- Jones v. Hartford InsuranceSupreme Court of North Carolina · 1883
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Clements v. Southern Railway Co.Supreme Court of North Carolina · 1920
- Chicago, R. I. & P. R. Co. v. OwensSupreme Court of Oklahoma · 1920
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
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