Winfree v. . Bagley
Supreme Court of North Carolina
This was a MOTION to dismiss,,heard before Philips, J., at June Term, 1887, of the Superior Court of Guilford County. The action was for libel, and the defendant being a nonresident, publication of the summons was made. The affidavit upon which the order was made stated that the plaintiff was a resident of North Carolina, that the defendant had property within the State, and was in other respects regular.
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This was a MOTION to dismiss,,heard before Philips, J., at June Term, 1887, of the Superior Court of Guilford County. The action was for libel, and the defendant being a nonresident, publication of the summons was made. The affidavit upon which the order was made stated that the plaintiff was a resident of North Carolina, that the defendant had property within the State, and was in other respects regular. The defendant entered a special-appearance for the purpose of making this motion to dismiss, and filed an affidavit, in which lie stated that he had no property within this State. Pie…
1Opinion of the CourtShepherd, J.
(after stating the facts). The Code, sec. 218, subdiv. 3, provides that service, by publication, may be made “where he (the defendant) is not a resident of this State, but has property therein, and the Court has jurisdiction of the subject of the action.” The defendant contends that the bond mentioned in the affidavit is not “property” within the meaning of the above section. The cases cited by him involved the construction of the word “ property ” when made in wills, and have no application to the construction of the word as used in The Code. Section 3765, subdiv. 6, provides that the word…
2Cases cited3 opinions
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