Bradford v. . Coit
Supreme Court of North Carolina
MotioN to set aside a Judgment in favor-of the defendant' upon a counter-claim set up in his answer in an action-by the plaintiff, heard at Spring Term, 1877, of Bow an: Superior Court, before Kerr, J. At Spring Term, 1876, of said Court, one Mauney brought' an action against the defendant and one Howes, upon certain drafts of Howes, alleging that Coit was a secret partner" of Howes, and that Howes was the agent of Coit.
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MotioN to set aside a Judgment in favor-of the defendant' upon a counter-claim set up in his answer in an action-by the plaintiff, heard at Spring Term, 1877, of Bow an: Superior Court, before Kerr, J. At Spring Term, 1876, of said Court, one Mauney brought' an action against the defendant and one Howes, upon certain drafts of Howes, alleging that Coit was a secret partner" of Howes, and that Howes was the agent of Coit. At the-same term, Coit filed his separate answer denying the allegation and upon information and belief alleged that the-plaintiff,' Bradford, had become one of the real…
1Opinion of the CourtReade, J.
No one can be made a party to a suit except by his own consent or by service of process or in some cases "by public advertisement. And therefore the plaintiff insists that the order of the Court making him a party without his ■ consent and against his protest and without service of pro- ■ cess was irregular and void.
That is clearly so if the plaintiff had stood upon it; but . after the order was made he came into the Court by counsel and asked for time to make his answer to the counter-claim of the defendant which wras filed against him. And time was given him'until the 1st of July, which was…
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