Junge v. MacKnight
Supreme Court of North Carolina
ActioN by W. P. Junge and another against H. P. Mac-Knight, heard by Judge G. M. Goólce, at September Term, 1903, of the Superior Court of Moore County. Prom a judgment for the plaintiff the defendant appealed.
1DissentConnor, J.
I regret that I cannot concur in the opinion of the Court in this case. His Honor having found as a fact that a summons was served upon the defendant ten days before the first day of the term and the plaintiff having filed and verified the complaint within the first three days, the defendant was in default in that he filed no answer during the term, nor obtained an extension of time therefor. This presents the question as to the status of the case at the last moment of the term. The several sections of The Code must be read together and so construed as to bring about a harmonious and orderly…
2Cases cited11 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
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