Legal Opinion

Koonce v. . Pelletier

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 4 opinions

Civil actioN, tried at Pall Term, 1893, of Onslow Superior Court, before Bryan, J., upon an agreed statement of facts, of which those most material are stated in the opinion of Associate Justice Clark.

1Opinion of the Court

Clark, J.:

The administrators filed their final account on the 23d of August, 1883. An action was begun on the 5th of March, 1888, against them and the sureties on their bond for the non-payment of a judgment in favor of the plaintiff relator which had been obtained against their intestate. The summons was not served on the appellee, one of the sureties on the bond, nor was there a chain of alias and pluries summonses kept up against her. On the 11th of February, 1891, a summons was issued against her, and a succession of summonses was kept up until she was served, on the 15th of March, 1892.…

2Cases cited10 opinions

  1. Etheridge v. . WoodleySupreme Court of North Carolina · 1880
  2. Hussey v. . KirkmanSupreme Court of North Carolina · 1886
  3. Kennedy v. . CromwellSupreme Court of North Carolina · 1891
  4. Woody v. . BrooksSupreme Court of North Carolina · 1889
  5. Penniman v. . DanielSupreme Court of North Carolina · 1884

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3Cited by4 opinions

  1. Carter Coal Co. v. BatesSupreme Court of Virginia · 1920
  2. House v. . ArnoldSupreme Court of North Carolina · 1898
  3. Sheffield v. . AlexanderSupreme Court of North Carolina · 1927
  4. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1899

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