Supreme Court of North Carolina, 1934

Carolina Mortgage Co. v. Long

Carolina Mortgage Co. v. Long
Supreme Court of North Carolina · Decided May 2, 1934 · Stacy
174 S.E. 312; 206 N.C. 477; 1934 N.C. LEXIS 219 (South Eastern Reporter)
Carolina Mortgage Co. v. Long

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Stacy, 0. J.,

after stating the case: Conceding, without deciding, that the judgment of voluntary nonsuit taken before the clerk was ineffectual, *478 because entered prior to receipt of opinion from this Court (Mfg. Co. v. Buxton, 105 N. C., 74, 11 S. E., 264, R. R. v. Sanford, 188 N. C., 218, 124 S. E., 308, Huntley v. Express Co., 191 N. C., 696, 132 S. E., 786, Bohannon v. Trust Co., 198 N. C., 702, 153 S. E., 263), still it would seem that plaintiffs counsel was entitled to notice of application for judgment on the certificate, so that nonsuit might then be entered before the judge, if the plaintiff so desired. Carpenter v. Hanes, 167 N. C., 551, 83 S. E., 577. This right will yet be accorded.

Error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.