Clawson v. . Wolfe
Supreme Court of North Carolina
Appeal from a Justice’s Court tried at January Special Term, 1877, of-Wake Superior Court, before Schenck, J. The title of the action in the Justice’s Court was, “ II. T. Clawson v. W. 0. Wolfe and J. W. Watson,” and on the face of the summons was, “yon are hereby commanded to summon J. O. Wolfe, &c.”
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Appeal from a Justice’s Court tried at January Special Term, 1877, of-Wake Superior Court, before Schenck, J. The title of the action in the Justice’s Court was, “ II. T. Clawson v. W. 0. Wolfe and J. W. Watson,” and on the face of the summons was, “yon are hereby commanded to summon J. O. Wolfe, &c.” When the case was called for trial (the first time after it was docketed) the defendant moved upon the face of the papers to set aside the judgment rendered by the J ustiee of the Peace against him and to dismiss the action, for the reason that it appeared affirmatively' that no summons issued…
1Opinion of the Court
ByNüm, J.
There is error. It is provided in the Rev. •Code, ch. 3, §§ 5-6, that where a judgment shall have been -reudered in any case upon default, nil (licit, &e., it shall not be reversed, impaired or in any mauner affected, for any defects in the process or pleadings, to wit; for an}*- mistake in the name of any party or person, &c., where the correct name ■shall have been once rightly alleged in any part of the pleadings or proceedings. And that such omissions, defects and variances, not being against the right and justice of the matter of the suit, and not altering the issue between the…
2Cases cited1 opinion
- G. M. Gibbs, Ex'r v. . Thomas C. FullerSupreme Court of North Carolina · 1872
3Cited by2 opinions
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- Sink v. SchaferSupreme Court of North Carolina · 1966