Scott v. Life Ass'n
Supreme Court of North Carolina
ActioN by S. IT. Scott- against Mutual Reserve Fund Life Association, heard by Judge W. B. Council at the November Term, 1904, of the Superior Court of Ceaven County, upon defendant’s motion in the cause to set aside the final judgment rendered at May Term, 1902. The plaintiff alleges that the defendant had wrongfully cancelled his policy after he had paid thereon in fees, annual dues and mortuary assessments in the sum of $521.65, and to recover that sum he sued in this…
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ActioN by S. IT. Scott- against Mutual Reserve Fund Life Association, heard by Judge W. B. Council at the November Term, 1904, of the Superior Court of Ceaven County, upon defendant’s motion in the cause to set aside the final judgment rendered at May Term, 1902. The plaintiff alleges that the defendant had wrongfully cancelled his policy after he had paid thereon in fees, annual dues and mortuary assessments in the sum of $521.65, and to recover that sum he sued in this action. The defendant being a non-resident insurance company, process was served on the Insurance Commissioner as provided…
1Opinion of the Court
Walker, J.,
after stating the facts. The case was argued before us as if the defendant had entered a special appearance, and the plaintiff’s counsel insisted that having done so the defendant could not have the relief it seeks, nor could it appeal to this Court, citing Clark v. Mfg. Co., 110 N. C., 111. The argument of both counsel was based upon a misconception of the true nature of the appearance entered by the defendant. In the first place it does not on its face purport to be a special appearance. It is true the defendant appeared solely for the purpose of moving to set aside the judg*518ment,…
2Cases cited30 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1899
- Cohen v. TrowbridgeSupreme Court of Kansas · 1870
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Nicholes v. People ex rel. KocherspergerIllinois Supreme Court · 1897
25 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re BlalockSupreme Court of North Carolina · 1951
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Erskine v. . Motors Co.Supreme Court of North Carolina · 1923
22 more not listed; retrieve them via the Exa API.