Ragland v. . Currin
Supreme Court of North Carolina
Motion to dismiss a suit, beard by Watts, J., at Spring Term 1869, of G-banville Court. Tbe facts, appear in tbe opinion. His Honor refused tbe order applied for, and tbe defendant appealed.
1Opinion of the CourtBodman, J.
Tbe action began by a petition or complaint sworn to on August 22nd 1868, praying an injunction, wbicb, on tbe same day, was ordered by tbe Judge. A subpoena tberefor, issued on tbe 28tb of August, returnable to-Spring Term 1869, at wbicb time tbe defendant appeared, and moved to dismiss tbe action, on tbe ground that it was governed by tbe Oode of Procedure, and (1) bad not been begun by summons as thereby required; (2) that tbe plaintiff bad neither given a prosecution bond, nor made a deposit; (3) that tbe subpoena was not under tbe seal of tbe court.. Tbe Judge refused to dismiss tbe…
2Cited by2 opinions
- Cromwell v. . BradsherSupreme Court of North Carolina · 1932
- Walter v. . EarnhardtSupreme Court of North Carolina · 1916