Cunningham Ex Rel. Alexander v. Southern Express Co.
Supreme Court of North Carolina
Motion to dismiss a suic, heard before Henry, J., at a Special Ter in of the Superior Court of Mecklenburg. A summons in a civil action, to enforce a lien on real estate, was issued in favor of the plaintiff, who was a resident of this State, against the Southern Express Company, a foreign corporation, and one Cunningham, and made returnable to Fall Term, I8t>9, of Mecklenburg Superior Court.
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Motion to dismiss a suic, heard before Henry, J., at a Special Ter in of the Superior Court of Mecklenburg. A summons in a civil action, to enforce a lien on real estate, was issued in favor of the plaintiff, who was a resident of this State, against the Southern Express Company, a foreign corporation, and one Cunningham, and made returnable to Fall Term, I8t>9, of Mecklenburg Superior Court. The summons was placed in the hands of the sheriff, who made the following return : “Executed by delivering a copy of the within summons to W. P. Hill, agent for the Southern Express Company. Cunningham…
1Opinion of the CourtRodman, J.
The return on the summons is, “ Executed by dch - criug a copy of within summons to Win. P. Hill, agent for Southern Express Company.” The defendant, if appears from the complaint, is a foreign corporation, the plaintiff is a resident of this State, the cause of action arose, here, and it respects property within this State in possession of the corporarion. The question of the sufficiency of the service depends on -heconstruction of Sec. 82, C. C. P., which reads as follows: “ The summons shall be served by delivering a copy thereof as follows:
1. If a suit be against a corporation, to the…
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- Steele v. . Telegraph Co.Supreme Court of North Carolina · 1934
- Moore Falk v. . the Freeman's National BankSupreme Court of North Carolina · 1885
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