Legal Opinion

Volivar v. Richmond Cedar Works

Supreme Court of North Carolina

Decided May 27, 1910PublishedCited by 8 opinions

Appeal by defendant from Ward, J., at Fall Term, 1909, of TYRRELL. The facts are sufficiently stated in the opinion of the Court by Associate Justice Brown.

1Opinion of the CourtBrown, J.

The defendant is a foreign corporation owning property and doing business in this State prior to the act complained of and up to this time. • 1

The alleged damage occurred in 1904, and this action was commenced 12 November, 1908. The defendant at all times maintained a process agent in the State, upon whom service *657could be bad, and upon wbom service actually was bad in tbe case now being considered. • Tbe defendant pleaded tbe three years’ statute of limitations. Tbis Court held tbat tbe plea is not available to a nonresident corporation.

Some of tbe earlier utterances of tbis Court upon tbe…

2Cases cited24 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
  3. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  4. Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
  5. Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905

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3Cited by8 opinions

  1. John J. Ryan v. John Brooks, and Harper & Row Publishers, Inc., John J. Ryan v. John Brooks, and Harper & Row Publishers, Inc.Court of Appeals for the Fourth Circuit · 1980
  2. Clawson v. Boston Acme Mines Development Co.Utah Supreme Court · 1928
  3. State Ex Rel. Anderson-Oliver v. United States Fidelity Co.Supreme Court of North Carolina · 1917
  4. Duke University v. ChestnutCourt of Appeals of North Carolina · 1976
  5. State Ex Rel. Oliver v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1918

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