Godwin v. . Monds
Supreme Court of North Carolina
This was a motion to set aside a judgment rendered at May Term, 1888, of CumberlaND Superior Court, heard before Mocliae, J., at December (Special) Term, 1889, of said Court.
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This was a motion to set aside a judgment rendered at May Term, 1888, of CumberlaND Superior Court, heard before Mocliae, J., at December (Special) Term, 1889, of said Court. The facts found by the Court were as follows: “This motion to set aside judgment rendered herein at May Term, 1888, coming on to be heard, and being heard, the Court finds the following facts: “That the summons herein was returnable to May Term, 1888, and was served on the defendants M. W. and K. E. Barefoot by the Deputy Sheriff of Cumberland County; that when said service was made these defendants were in the county of…
1Opinion of the Court
MeerimoN, C. J.:
To say the least, the judgment set aside in this action was irregular and voidable. The summons therein was not served upon the defendants by an officer in a way required, authorized or recognized bj^ law, nor did the defendants voluntarily go into Court and subject themselves to its jurisdiction. The Sheriff of the county of Cumberland had no authority in cases like this to servo process outside of that county. Hence, what his deputj' said to the defendants in the county of Harnett, and they said to him, as to the summons, went for naught; this did not make service of the…
2Cases cited2 opinions
- First National Bank of Charlotte v. WilsonSupreme Court of North Carolina · 1879
- Nicholson v. . CoxSupreme Court of North Carolina · 1880
3Cited by2 opinions
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Krutz v. IsaacsWashington Supreme Court · 1901