Johnson v. . Judd
Supreme Court of North Carolina
MOTION to dismiss a summons, heard before Buxton, J., at Spring Term 1869 of the Superior Court of Haenett. The facts are sufficiently set forth in the opinion.
1Opinion of the CourtRodman, J.
This action was commenced by a summons, dated 5th January 1869, which required the defendants “to' -appear before the Judge of our Superior Court of Law at a Court to' be held for the county of Harnett, at the Court House in Lillington, on the second Monday of Eebuary &c.” This was erroneous: Section 73 C. C. P., says, the summons shall require the defendant “to appear at the office of the Clerk of the Superior Court” within a certain number of days after the service &e.” The difference is material, as was pointed out in Smith v. McIlwaine ante 95, because there is no day in which the…
2Cited by1 opinion
- Thompson v. . BerrySupreme Court of North Carolina · 1870