Turner v. . Douglass
Supreme Court of North Carolina
Civil action, for assault and false imprisonment, brought originally in the Superior Court of Orange county, and thence-removed upon affidavit to the Superior Court of Granville, from whence it was carried to Wabeen Superior Court, where it was tried at the Eall Term, 1874, by his Honor, Judge Watts. In September, 1870, the plaintiff sued out his summons against the defendant Douglass, and W. W. Holden and one G. B. Bergen, returnable to Orange Superior Court.
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Civil action, for assault and false imprisonment, brought originally in the Superior Court of Orange county, and thence-removed upon affidavit to the Superior Court of Granville, from whence it was carried to Wabeen Superior Court, where it was tried at the Eall Term, 1874, by his Honor, Judge Watts. In September, 1870, the plaintiff sued out his summons against the defendant Douglass, and W. W. Holden and one G. B. Bergen, returnable to Orange Superior Court. In this summons nothing was stated as to the infancy of Douglass, the sole defendant in this part of the case, a separation having…
1Opinion of the CourtRodmaw, J.
1. Whether the omission of the sheriff of Wake to state in his return when, where, and how he served the summons upon the defendants, was an irregularity for •which the service could have been set aside, had a motion to that effect been made in due time, it is unnecessary to decide. The irregularity was waived by the subsequent action of the defendants, notwithstanding the infancy of one of them.
2. It is contended that as the defendant Douglass was an infant at the time of the service of the summons, it was void as to him. We think otherwise. An infant is properly brought into Court just as…
2Cases cited1 opinion
- Dick v. . McLaurin .Supreme Court of North Carolina · 1869
3Cited by9 opinions
- Tate v. . MottSupreme Court of North Carolina · 1887
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Syme v. . TriceSupreme Court of North Carolina · 1887
- White v. MorrisSupreme Court of North Carolina · 1890
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
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