Stocks v. . Stocks
Supreme Court of North Carolina
Civil actioN, beard by Connor, Jon demurrer to tbe complaint, at January Term, 1920, of Pitt. Tbis action was brought to set aside a judgment entered at August Term, 1914, of tbe Superior Court of Pitt County, in a case entitled “Joseph Lee Stocks v. Ada Stocks,” 'which judgment was taken by default, and purports to vacate and set aside a certain proceeding in which dower was allotted to Ada Stocks, tbe plaintiff therein.
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Civil actioN, beard by Connor, Jon demurrer to tbe complaint, at January Term, 1920, of Pitt. Tbis action was brought to set aside a judgment entered at August Term, 1914, of tbe Superior Court of Pitt County, in a case entitled “Joseph Lee Stocks v. Ada Stocks,” 'which judgment was taken by default, and purports to vacate and set aside a certain proceeding in which dower was allotted to Ada Stocks, tbe plaintiff therein. On 21 January, 1887, one Jesse A. Stocks executed to Redding S. Stocks, bis son, a deed for twenty-five (25) acres of land in Pitt County, N. C., tbe portion of said deed…
1Opinion of the Court
Walker, J.,
after stating the facts as above: This case naturally divides itself into three propositions:
1. It does not distinctly appear from tbe complaint in tbis action wbetber tbe fact, wbicb is alleged herein — that no summons or other process was served on tbe defendant in tbe second of tbe three actions, it being tbe one which was brought to set aside tbe judgment in tbe dower suit — is shown on tbe face of tbe record in that case. Where it appears tba’t summons has been served, when in fact it has not been, the remedy is by motion in tbe cause to set set aside tbe judgment, and not by…
2Cases cited9 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Glisson v. . GlissonSupreme Court of North Carolina · 1910
- Gay v. . StancellSupreme Court of North Carolina · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrington v. RiceSupreme Court of North Carolina · 1957
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
8 more not listed; retrieve them via the Exa API.