Moore v. N. C. Railroad
Supreme Court of North Carolina
Motion to dimiss a civil suit, heard before'Logan, J., at the Superior Court of Cabarrus, Spring Term, 1872. The plaintiff sued out a summons from the Clerk of the Superior Court of Mecklenburg County, against the defendant, returnable to Spring Term, 1870, of Cabarrus Superior Court. The summons was returnedexecuted.” Plaintiff filed a complaint at the appearance term, and at the same term the defendant answered in bar of the action.
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Motion to dimiss a civil suit, heard before'Logan, J., at the Superior Court of Cabarrus, Spring Term, 1872. The plaintiff sued out a summons from the Clerk of the Superior Court of Mecklenburg County, against the defendant, returnable to Spring Term, 1870, of Cabarrus Superior Court. The summons was returnedexecuted.” Plaintiff filed a complaint at the appearance term, and at the same term the defendant answered in bar of the action. At Spring Term, 1872, a motion to dismiss was made by the defendant’s counsel, upon the ground that the clerk of Mecklenburg had no power to issue a summons…
1Opinion of the Court
Rodman* J.
Tire Clerk of the Superior Court of Mecklenburg has no right to issue a summons returnable to tlie Superior Court of Cabarrus. Howerton v. Tate 66 N. C. 431; Acts, 1868-9, ch. 76, sec. 2.
The defendant nevertheless appeared and answered in bar. "We are of opinion that the irregularity was thereby waived. If no summons at all had been issued, the filing of a complaint- and answer would have constituted a cause in Court,
Judgment reversed, and case remanded, to be proceeded in according to law.
Let this opinion he certified,
í’jsr Curiam, Judgment reversed.
2Cases cited1 opinion
- State on Relation of W. H. Howerton v. . S. McD. TateSupreme Court of North Carolina · 1872
3Cited by8 opinions
- State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
- McClure v. FellowsSupreme Court of North Carolina · 1902
- A. L. Webb & Sons v. HicksSupreme Court of North Carolina · 1899
- Fleming v. . PattersonSupreme Court of North Carolina · 1888
- Cherry v. . LillySupreme Court of North Carolina · 1893
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