Whitehurst v. Merchants & Farmers Transportation Co.
Supreme Court of North Carolina
Civil actioN, tried at Spring Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. The present defendant brought its action in the Court of a Justice of the Peace, against the present plaintiffs, to recover the sum of $75, and obtained judgment on the 13th of November, 1886, and afterwards filed and docketed a trans-script of its judgment in the office of the Superior Court Clerk of the counly where the judgment was rendered, as allowed by the statute (The Code, §…
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Civil actioN, tried at Spring Term, 1891, of Beaufort Superior Court, Bryan, J., presiding. The present defendant brought its action in the Court of a Justice of the Peace, against the present plaintiffs, to recover the sum of $75, and obtained judgment on the 13th of November, 1886, and afterwards filed and docketed a trans-script of its judgment in the office of the Superior Court Clerk of the counly where the judgment was rendered, as allowed by the statute (The Code, § 839). The present plaintiffs allege that the summons in the action just mentioned was served on J. B. Whitehurst, one of…
1Opinion of the Court
MbebjmoN, C. J.:
A judgment against a party who has not submitted himself to the jurisdiction of the Court granting it for that purpose, and who has not, in fact, been served with original leading process, though the same purports to have been served, is irregular and may be avoided, the remedy being a motion in the cause to set the judgment aside for irregularity. Such judgment is not void — it is only voidable, because it appears by the record (return) that the original summons was served upon the party against whom it is entered. It, however, so appears in such case by inadvertence, mistake…
2Cases cited10 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
- Brickhouse v. . SuttonSupreme Court of North Carolina · 1888
- Cowles, Adm'r v. . Hayes and AnotherSupreme Court of North Carolina · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- Stocks v. . StocksSupreme Court of North Carolina · 1920
- Dunham v. Anders.Supreme Court of North Carolina · 1901
- Menzel v. MenzelSupreme Court of North Carolina · 1959
15 more not listed; retrieve them via the Exa API.