Williams v. . Building and Loan Association
Supreme Court of North Carolina
ActioN by A. E. Williams against the Iron Belt Building and Loan Association and J. S. Manning, trustee, beard by Judge Walter H. Neal, at January Term, 1902, of tbe Superior Court of Dukham County. From a judgment for tbe defendants, tbe plaintiff appealed.
1Opinion of the CourtClark, J.
If it be conceded, as defendant claims!, that all previous proceedings were discontinued by the failure to issue aliases, this action to recover the penalty for usury “double the amount of interest paid,” Code, Sec. 3836, began by the issue of a summons by a Justice of the Peace, 25 May, 1901. This was served in Durham County upon the secretary of the Corporation Commission, as provided by 'Chapter 5, Laws 1901, the defendant being a non-resident corporation doing business here and not having appointed an agent in this' State upon whom service could be made. This summons was returnable 30…
2Cases cited2 opinions
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Armfield v. . MooreSupreme Court of North Carolina · 1887
3Cited by11 opinions
- Gulledge v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Duke University v. ChestnutCourt of Appeals of North Carolina · 1976
- Volivar v. Richmond Cedar WorksSupreme Court of North Carolina · 1910
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