Long v. Home Insurance Co.
Supreme Court of North Carolina
The plaintiff caused summons to bo issued by the Clerk of Forsyth Superior Court and to be served on the defendant corporation in New Orleans by an officer of the State of Louisiana, as provided for in cli. 120, Acts of 1891. At August Term, 1893 (the return Term), the plaintiff filed his complaint and an attorney for the defendant entered a special appearance and moved to dismiss the action, for that the -defendant was not in court, and that no sufficient affidavit for…
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The plaintiff caused summons to bo issued by the Clerk of Forsyth Superior Court and to be served on the defendant corporation in New Orleans by an officer of the State of Louisiana, as provided for in cli. 120, Acts of 1891. At August Term, 1893 (the return Term), the plaintiff filed his complaint and an attorney for the defendant entered a special appearance and moved to dismiss the action, for that the -defendant was not in court, and that no sufficient affidavit for summons to issue to a foreign State under oh. 120, Acts of 1891, had been made. Plaintiff’s counsel moved for judgment,…
1Opinion of the Court
Clakk, J.:
The finding of the Court below that the appearance of the defendant at August Term was a special appearance is not reviewablc.
The Act of 1891, ch. 120, authorizing service of summons and other process upon a non-resident by an officer of the county and State where he resides, is, as the act expresses it, only “in lieu of publication in a newspaper.” It can only be done in those cases in which publication could be made and has only the effect publication would have, except it may be that when the actual notice is brought *468Lomo, by such service to a non-resident he has not the right…
2Cases cited10 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Toland v. SpragueSupreme Court of the United States · 1838
- Freeman v. AldersonSupreme Court of the United States · 1886
- York v. StateTexas Supreme Court · 1889
- Wilson v. SeligmanSupreme Court of the United States · 1892
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3Cited by15 opinions
- Harris v. . HarrisSupreme Court of North Carolina · 1894
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- May v. Getty.Supreme Court of North Carolina · 1905
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