Jones v. Commissioners.
Supreme Court of North Carolina
ActiON by W. W. Jones against the Commissioners of Madison County, heard by Judge E. B. Jones, at Chambers, Asheville, N. 0., October 21, 1903. The plaintiff, as receiver of the Western Carolina Bank, is the owner of eighteen coupon bonds of Madison County, aggregating $21,000, issued by the county of Madison by virtue of an act of the General Assembly of North Carolina, entitled “An act to settle the indebtedness of Madison County,” ratified March 7, 1881, chapter 398, Laws…
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ActiON by W. W. Jones against the Commissioners of Madison County, heard by Judge E. B. Jones, at Chambers, Asheville, N. 0., October 21, 1903. The plaintiff, as receiver of the Western Carolina Bank, is the owner of eighteen coupon bonds of Madison County, aggregating $21,000, issued by the county of Madison by virtue of an act of the General Assembly of North Carolina, entitled “An act to settle the indebtedness of Madison County,” ratified March 7, 1881, chapter 398, Laws 1887. They were issued to pay the necessary expenses of said county. The interest upon said bonds is payable as stated…
1Opinion of the Court
*221Clark, C. J.
The first exception is that the summons Avas returnable before the Judge at chambers, AAdien the action being for a money demand should haAre been returnable before the Court at term. But if that be conceded, yet, as held in Ewbank v. Turner, 134 N. C., 77, AAdiether an action is returnable before the Judge at chambers or at term or before the Clerk, it is all before the same Court, and if brought before the wrong department' the remedy is the same as when action is brought in the wrong county. There is no defect of jurisdiction but an error as to Avenue merely, and the remedy is…
2Cases cited6 opinions
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Columbus Mills v. WilliamsSupreme Court of North Carolina · 1850
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Raleigh & Augusta Air-Line Railroad v. JenkinsSupreme Court of North Carolina · 1873
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