Stevens Lumber Co. v. Arnold
Supreme Court of North Carolina
Civil actioN, beard before Connor, J., at October Term, 1919, of Lee, on motion to remove tbe cause for trial to Eoestth.
Read the full summary
Civil actioN, beard before Connor, J., at October Term, 1919, of Lee, on motion to remove tbe cause for trial to Eoestth. Tbe motion was beard before tbe clerk upon a case agreed, as follows: Tbe above entitled matter coming on to be beard before tbe clerk of tbe Superior Court of Lee County, upon demand for.change of venue and removal to Surry County for trial, plaintiff and defendants agree on tbe facts as follows: Tbat summons in tbis action was duly issued on or about 4 October, 1919, and duly served upon tbe defendants; tbat tbe plaintiff is a corporation under tbe laws of Yirginia, and…
1Opinion of the Court
Walker, J.,
after stating the cáse: If we give to the facts of this case their proper meaning, and consider carefully the documentary proof which is made a part of the case, the legal merits will the more easily be seen. It appears that the- summons had been issued, and served, returnable 20 October, 1919, and that defendant’s counsel wrote to the clerk of Lee County for “an extra two weeks, from Monday, 20th, to file answer.” This is the literal form of the request for time. There was no general request for an extension of the time, but a special request, in order to be on the safe side, that…
2Cases cited6 opinions
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Garrett & Co. v. BearSupreme Court of North Carolina · 1907
- Williams v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1895
- McArthur v. . GriffithSupreme Court of North Carolina · 1908
- Shaver v. . HuntleySupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burton v. SmithSupreme Court of North Carolina · 1926
- Howard v. . HinsonSupreme Court of North Carolina · 1926
- Burton v. . SmithSupreme Court of North Carolina · 1926
- Calcagno v. . OverbySupreme Court of North Carolina · 1940