Higgs v. Sperry.
Supreme Court of North Carolina
ActioN by Sherwood Higgs & Co. against Sperry & Hutchinson Co., heard by Judge Fred Moore, at the April Term, 1905, of the Superior Court of Waice County. In this action summons was issued March 21, 1905, and returned with the following endorsement thereon: “Eeceived March 22, 1905. Served March 22, 1905, by leaving a copy with E. E. Anthony, Auditor of Sperry & Hutchinson Co.,” signed by the sheriff of Guilford County.
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ActioN by Sherwood Higgs & Co. against Sperry & Hutchinson Co., heard by Judge Fred Moore, at the April Term, 1905, of the Superior Court of Waice County. In this action summons was issued March 21, 1905, and returned with the following endorsement thereon: “Eeceived March 22, 1905. Served March 22, 1905, by leaving a copy with E. E. Anthony, Auditor of Sperry & Hutchinson Co.,” signed by the sheriff of Guilford County. At the April Term, 1905, of the court, the plaintiffs filed their complaint. At the same term, counsel for defendant entered a special appearance and moved, (1) To set aside…
1Opinion of the Court
CoNHOR, J.,
after stating tbe facts: Ijl this court plaintiffs’ counsel insisted tbat Ilis Honor should bave considered' tbe complaint upon tbe motion. While we do not think that tbe complaint upon motion to dismiss for want of service, is properly before tbe court, we bave examined it and find nothing affecting tbe merit of tbe motion to dismiss. It is also insisted tbat tbe affidavits of Sperry and Anthony are conflicting. It will be noted tbat His Honor does not find tbe facts upon which bis judgment dismissing tbe action is based — he simply finds tbat all of tbe facts set out in the…
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