Vyne v. . Fogle Bros.
Supreme Court of North Carolina
MotioN to set aside and vacate an order for examination of defendants, under provision of section 866 of Revisal, made by tbe clerk of the Superior Court of Forsyth County, heard upon appeal by Shaw, J., at February Term, 1918, of said county. The judge affirmed the order of the clerk. Defendants appealed.
1Opinion of the CourtBeowN, J.
It is admitted that no such cause as is entitled above is pending in Superior Court of Forsyth County, although there is such a cause pending in the Superior Court of Wilkes. No examination can be had in any case until the summons had been issued and the suit commenced in the Superior Court of the county. The motion for an examination must be made before the clerk of the Superior Court where the suit is pending or before the pudge presiding in that court or holding the courts of the district. The party may be examined before a commissioner appointed to take the examination, but the commission…
2Cases cited3 opinions
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- State Ex Rel. Strudwick v. BrodnaxSupreme Court of North Carolina · 1880
- Rickets v. . DickensSupreme Court of North Carolina · 1810
3Cited by1 opinion
- Town of Clinton v. Standard Oil Co.Supreme Court of North Carolina · 1927