Flowers v. . King
Supreme Court of North Carolina
Motioh to set aside judgment, beard before Jones, J., and a jury, at April Term, 1907, of the Superior Court of WayNe County. The judgment was set aside and order made restoring defendant to possession of the real estate from which he had been ousted, and plaintiff excepted and appealed.
1Opinion of the Court
Hoke, J".,
after stating the case: It appears from the facts found by the Judge on the hearing that defendant has been ejected from a piece of land by virtue of final process of the court, issued on a judgment by default in the present cause, the original process having been served on a different man of the same name as the defendant. In regard to service on defendant, the Court finds the facts to be as follows: “The Court finds that the summons in this action had never.been served upon the real defendant, Lewis King, a negro, and the said Lewis King has never entered an appearance in said…
2Cases cited6 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Card v. Finch.Supreme Court of North Carolina · 1906
- Dobbins v. McNamaraIndiana Supreme Court · 1888
- Becton v. Dunn.Supreme Court of North Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Monroe v. NivenSupreme Court of North Carolina · 1942
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
13 more not listed; retrieve them via the Exa API.