Grant v. . Grant
Supreme Court of North Carolina
Appeal by defendant .from Cline, J., at April Term, 1912, of NORTHAMPTON. This is an .action, commenced in Bertie County, to obtain an absolute divorce, and at the return term of the summons the defendant, through counsel, filed the following motion; “The defendant, by her attorneys, appears specially in this action and moves to dismiss this action for want of jurisdiction of this court, for the following causes: “1. That at the time this action was begun the plaintiff was…
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Appeal by defendant .from Cline, J., at April Term, 1912, of NORTHAMPTON. This is an .action, commenced in Bertie County, to obtain an absolute divorce, and at the return term of the summons the defendant, through counsel, filed the following motion; “The defendant, by her attorneys, appears specially in this action and moves to dismiss this action for want of jurisdiction of this court, for the following causes: “1. That at the time this action was begun the plaintiff was not a resident of this county, but a resident of the county of Northampton, North Carolina, and is still a resident of…
1Opinion of the CourtAllen, J.
Tie effect of special and general appearances is fully considered in tie learned opinion of Justice Walker in Scott v. Life Association, 137 N. C., 517, in wiici it is ield tiat a special appearance cannot be entered except for tie purpose of moving to dismiss for want of jurisdiction, and tiat if tie motion affects tie merits, tie appearance is -general; and it is there said: “Tie test for determining tie character of an appearance is tie relief asked, tie law looking to its substance rather than to its form. If tie appearance is in effect general, tie fact tiat tie xmrty styles it a special…
2Cases cited1 opinion
- Johnson v. Johnson.Supreme Court of North Carolina · 1906
3Cited by12 opinions
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
- Dell School v. PeirceSupreme Court of North Carolina · 1913
- School v. . PeirceSupreme Court of North Carolina · 1913
- Waters v. McBeeSupreme Court of North Carolina · 1956
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