Puette v. . Mull
Supreme Court of North Carolina
ActioN pending in TeaNstlvania upon motion to enjoin the enforcement of a writ of possession before Carter, J., at April Term, 1918. The court held that the issuance of the writ was erroneous as there was no valid judgment to support it and set the writ aside and granted defendant leave to file defense bond and answer. Plaintiff excepted and appealed.
1Opinion of the CourtBeowN, J.
This action was brought to recover possession of a tract of land. The summons was duly served and returned at July Term, 1917, at which time the complaint was filed, duly verified.
The plaintiff did not move for judgment .at the return term and the cause was continued until the following term, November,-1917. At that time the plaintiff moved the court for judgment by default final for failure of the defendant to file answer or defense bond. At. that term Ferguson, J., entered the following order:
“It is ordered by the court that the defendants be and they are hereby allowed ten days from this…
2Cases cited1 opinion
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
3Cited by4 opinions
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- Dodd v. DanielCourt of Appeals of Texas · 1935
- Independence County v. Independence County Bridge District No. 1Supreme Court of Arkansas · 1933