Bacon v. . Johnson
Supreme Court of North Carolina
MotioN to set aside judgment, heard at Fall Term, 1891, of CraveN Superior Court, before Bryan, J. It appears that the defendants were non-residents of this State when, next before and next after, this action began, on the 18th of February, 1891. The summons was issued against them, and the Sheriff returned the same endorsed, “ Not to be found in my county.”
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MotioN to set aside judgment, heard at Fall Term, 1891, of CraveN Superior Court, before Bryan, J. It appears that the defendants were non-residents of this State when, next before and next after, this action began, on the 18th of February, 1891. The summons was issued against them, and the Sheriff returned the same endorsed, “ Not to be found in my county.” Thereupon the attorney of the plaintiffs made his affidavit, the material part of which is as follows: “ That defendants, upon whom service of summons is to be made, cannot, after due diligence, be found within the State of North…
1Opinion of the CourtMerrimon, C. J.
after stating the case: The service of the summons or notice as original process in the action by publication, must he made strictly in accordance with the requirements of the statute (The Code, §§ 218, 219). This method of service of process and giving the Court jurisdiction is peculiar, and out of the usual course of procedure. The statute prescribes, with particularity and caution, the cases and causes that must exist and appear by affidavit io the Court in order that it may be allowed. The Court must see that every prerequisite prescribed exists’in any particular case before it grants the…
2Cases cited5 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Spiers v. Halstead, Haines & Co.Supreme Court of North Carolina · 1874
- Claflin v. . HarrisonSupreme Court of North Carolina · 1891
- Faulk v. . SmithSupreme Court of North Carolina · 1881
- Utley v. . PetersSupreme Court of North Carolina · 1875
3Cited by13 opinions
- Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1951
- Page v. . McDonaldSupreme Court of North Carolina · 1912
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
- Balk v. . HarrisSupreme Court of North Carolina · 1898
- Menzel v. MenzelSupreme Court of North Carolina · 1959
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