Pardue v. . Absher
Supreme Court of North Carolina
Appeal by defendant Guaranty Company from Ferguson, J., at March Term, 1917, of Wilkes. This is a motion by the IT. S. Fidelity and Guaranty Company, one of the defendants, at January Term, 1917, of Wilkes, to set aside a judgment of that court rendered at March Term, 1910, on the ground that summons in said cause had not been properly served,'and that at the time of the rendition of said judgment in 1910 the statute of limitations had barred said action by reason of an…
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Appeal by defendant Guaranty Company from Ferguson, J., at March Term, 1917, of Wilkes. This is a motion by the IT. S. Fidelity and Guaranty Company, one of the defendants, at January Term, 1917, of Wilkes, to set aside a judgment of that court rendered at March Term, 1910, on the ground that summons in said cause had not been properly served,'and that at the time of the rendition of said judgment in 1910 the statute of limitations had barred said action by reason of an alleged final settlement by the other defendants in said action. The court found as facts: That the summons in the original…
1Opinion of the CourtClark, C. J.
The defendant contends that the judgment was void as to the Fidelity and Guaranty Company because the summons was not served upon the Insurance Commissioner. In Fisher v. Ins. Co., 136 N. C., 224, it was held that service of process on an insurance company is not restricted to that method as prescribed by Revisal, 4750, but that it may be made also in the manner prescribed by Revisal, 1243. It is unnecessary to consider' whether it may not be made also in the manner j)rescribed by Revisal, 440, for this is not an insurance company, but a bonding company authorized under Revisal, 4805, and…
2Cases cited2 opinions
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
- Copland v. Wireless Telegraph Co.Supreme Court of North Carolina · 1904
3Cited by8 opinions
- Lynch v. Board of EducationOhio Supreme Court · 1927
- Moore v. DealSupreme Court of North Carolina · 1954
- Title Insurance v. HowellSupreme Court of Virginia · 1932
- Mitchell v. LindlySupreme Court of Oklahoma · 1960
- Wynne v. AllenSupreme Court of North Carolina · 1957
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