Everitt v. Austin Bros.
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at the May Term, 1915, of Edgecombe. Action to recover damáges for personal injury. Tbe defendants are nonresidents and no process bas been served on them. A warrant of attachment has been issued and a copy of the same was served on the board of commissioners of the county of Edgecombe, but there is no allegation that the county of Edgecombe is indebted to the defendant.
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Appeal by defendant from Carter, J., at the May Term, 1915, of Edgecombe. Action to recover damáges for personal injury. Tbe defendants are nonresidents and no process bas been served on them. A warrant of attachment has been issued and a copy of the same was served on the board of commissioners of the county of Edgecombe, but there is no allegation that the county of Edgecombe is indebted to the defendant. The defendants entered a special appearance and moved to dismiss the action on several grounds assigned in a written motion. The motion was allowed, and the plaintiff excepted and appealed.
1Opinion of the CourtAlleN, J.
When there is no personal service of process upon a nonresident defendant, ■ the substituted service by publication is effectual only where property in the State is brought under the control of the court and subject to its disposition by process adapted to that purpose (Pennoyer v. Neff, 95 U. S., 714; Winfree v. Bagley, 102 N. C., 517), and as it does not appear that any property of the defendants has been reached or levied upon by the attachment issued in the action, and as there is no allegation that the county of Edgecombe, upon whom the warrant of attachment was served, is indebted to…
2Cases cited2 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Winfree v. . BagleySupreme Court of North Carolina · 1889
3Cited by9 opinions
- Walton v. . WaltonSupreme Court of North Carolina · 1919
- Stevens v. . CecilSupreme Court of North Carolina · 1938
- Brann v. HanesSupreme Court of North Carolina · 1927
- Willis v. . AndersonSupreme Court of North Carolina · 1924
- Mohn v. . CresseySupreme Court of North Carolina · 1927
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