State on Relation of W. H. Howerton v. . S. McD. Tate
Cases that cite this one
3 later published cases cite this decision.
- State Ex Rel. Smith v. Bosworth (W. Va. 1960)
- Davison v. West Oxford Land Co. (N.C. 1896)
- Moore v. N. C. Railroad (N.C. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The- only question in this case is whether the Clerk of Rowan Superior Court coiild issue a summons to be served in Buncombe Superior Court. The summons was dated 14th November 1871.
The Judge below'-, thought the Clerk had no such right, and dismissed the action. We concur with His Honor.
The practice is regulated by the Act of 1870-71, ch. 4% which was ratified on- the 25th of January- 1871, and says, “that the summons shall be signed by the Clerk of the Superior Court having jurisdiction to try the action.”
PjER'CuEfAM. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.