Simmons v. Defiance Box Co.
Supreme Court of North Carolina
MotioN by defendant to set aside judgment for want of service, beard by 17. B. -Allen, J., at February Term, 1908, of Cea ven. Motion denied. Plaintiff appealed.
1Opinion of the CourtOijARK, C. J.
Motion to set aside a judgment. The court found as facts: “The summons issued 27 April, 1907. It was .read and a copy delivered to S. D. Mesic, at defendant’s mill, 4 May,' 1907. At that time L. M. Baltes was superintendent and manager of said mill, and Mesic was employed as foreman of the mill, employing and discharging hands under the instruction of the superintendent; he was not an officer of the company, (unless the above facts make him such) and had no authority to pay out and receive money on behalf of the defendant. After the officer* left, Mesic handed the summons to Baltes, the…
2Cases cited5 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Flowers v. . KingSupreme Court of North Carolina · 1907
- Harrison v. . HarrisonSupreme Court of North Carolina · 1890
- Smathers v. . SprouseSupreme Court of North Carolina · 1907
3Cited by12 opinions
- Seaboard Air Line Railroad Company v. FordSupreme Court of Florida · 1956
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Whitehurst v. . KerrSupreme Court of North Carolina · 1910
- In Re the Will of CoxSupreme Court of North Carolina · 1961
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