Grant v. . Burgwyn
Supreme Court of North Carolina
Motion to dismiss the action heard at Spring Term, 1878, of Northampon Superior Court, before Seymour, J. The plaintiff as administrator with the will annexed of Edmund Jacobs, deceased, brought this action for-a money demand, and the defendants moved to dismiss upon the ground that the summons which issued June 18th, 1877, returnable to Fall .Term of said Court, was not served, and, no alias was issued.
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Motion to dismiss the action heard at Spring Term, 1878, of Northampon Superior Court, before Seymour, J. The plaintiff as administrator with the will annexed of Edmund Jacobs, deceased, brought this action for-a money demand, and the defendants moved to dismiss upon the ground that the summons which issued June 18th, 1877, returnable to Fall .Term of said Court, was not served, and, no alias was issued. His Honor found as a fact-from the evidence that service had been made by publication. The defendants also moved to dissolve an attachment which had theretofore issued upon an affidavit made…
1Opinion of the CourtFaircloth, J.
The defendants entered a special appearance and moved: (1) To dismiss the action because there was no service of the summons returnable to Fall Term, 1877, and no alias issued. (2) To dissolve the attachment for want of sufficient affidavits. The attachment issued before said Fall Term. In regard to the first motion His Honor after setting out the evidence finds as a fact, that service was had by publication, and on examination of the whole record we think his finding was correct and his refusal of the motion is sustained. In regard to the second motion we are of the same opinion. The…
2Cited by2 opinions
- Page v. . McDonaldSupreme Court of North Carolina · 1912
- Best v. British & American Co.Supreme Court of North Carolina · 1901