Legal Opinion · Dissent

Burton v. . Smith

Supreme Court of North Carolina

Decided April 21, 1926PublishedCited by 5 opinions

1DissentStacy, C.J.

This action was begun in the Superior Court of New Hanover County on 8 December, 1924, against defendant, S. R. Smith, a nonresident, and his codefendants, some of whom are residents of the State of North Carolina. Summons, returnable to said court, was duly served on S. R. Smith by publication, as provided by C.S., 484; said service was completed on or before the return day, to wit, 19 January, 1925. At February Term, 1925, no answer having been filed to the complaint, filed on 8 December, 1924, judgment by default was duly rendered in favor of plaintiff and against said defendant, in…

2Cases cited21 opinions

  1. Goldey v. Morning NewsSupreme Court of the United States · 1895
  2. Harter v. KernochanSupreme Court of the United States · 1881
  3. Southern Pacific Co. v. StewartSupreme Court of the United States · 1917
  4. Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
  5. Austin v. GaganU.S. Circuit Court for the District of Northern California · 1889

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3Cited by5 opinions

  1. Harrell v. . WelsteadSupreme Court of North Carolina · 1934
  2. Harmon v. HarmonSupreme Court of North Carolina · 1956
  3. In Re PrevattSupreme Court of North Carolina · 1944
  4. Town of Asheboro v. MillerSupreme Court of North Carolina · 1941
  5. Wilson v. . Thaggard and Stone v. . ThaggardSupreme Court of North Carolina · 1945

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