Cook v. American Exchange Bank
Supreme Court of North Carolina
AotioN by P. E. Coolt, trustee of Andrew Brown, a bankrupt, against the American Exchange Bank and others, heard by Judge Thos. A. McNeill, at Ball Term, 1900, of the Superior Court of Dare County. On the 23d day of February, 1900, the plaintiff sued out a summons in the Superior Court of Dare County against the defendants, and delivered it to the Sheriff of that county, who returned it not served because the defendants could not be found in his county.
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AotioN by P. E. Coolt, trustee of Andrew Brown, a bankrupt, against the American Exchange Bank and others, heard by Judge Thos. A. McNeill, at Ball Term, 1900, of the Superior Court of Dare County. On the 23d day of February, 1900, the plaintiff sued out a summons in the Superior Court of Dare County against the defendants, and delivered it to the Sheriff of that county, who returned it not served because the defendants could not be found in his county. Plaintiff also applied for and obtained ari order of attachment against defendants’ property. Upon the return of the summons not served,…
1Opinion of the CourtCoon, J.
The above statement of the case recites all the facts material to aid us in determining the contention between the parties as presented by the record upon appeal.
And in this Court defendants further insisted that if the Court should hold that they were properly in Court, by service or otherwise, the plaintiff could not recover judgment against them for that the complaint did not state facts sufficient to constitute a cause of action, and moved to dismiss the action.
As to the question raised in the record upon appeal, plaintiff contends that he is entitled to a judgment by default and inquiry…
2Cases cited1 opinion
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1881
3Cited by8 opinions
- Vestal v. Moseley Vending MacHine Exchange, Inc.Supreme Court of North Carolina · 1941
- Mueller v. HeidemeyerCourt of Appeals of Texas · 1908
- Texas & Pacific Railway Co. v. McCartyCourt of Appeals of Texas · 1902
- City of Lexington v. Home Indemnity Co.Supreme Court of North Carolina · 1935
- Wilson v. . Thaggard and Stone v. . ThaggardSupreme Court of North Carolina · 1945
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