Supreme Court of North Carolina, 1872

Moore v. N. C. Railroad

Moore v. N. C. Railroad
Supreme Court of North Carolina · Decided June 15, 1872 · Rodman
67 N.C. 209
Moore v. N. C. Railroad

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Rodman* J.

Tire Clerk of the Superior Court of Mecklenburg has no right to issue a summons returnable to tlie Superior Court of Cabarrus. Howerton v. Tate 66 N. C. 431; Acts, 1868-9, ch. 76, sec. 2.

The defendant nevertheless appeared and answered in bar. "We are of opinion that the irregularity was thereby waived. If no summons at all had been issued, the filing of a complaint- and answer would have constituted a cause in Court,

Judgment reversed, and case remanded, to be proceeded in according to law.

Let this opinion he certified,

í’jsr Curiam, Judgment reversed.

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