State ex rel. Branch Banking & Trust Co. v. Smith

Supreme Court of North Carolina
State ex rel. Branch Banking & Trust Co. v. Smith, 210 N.C. 582 (N.C. 1936)

State ex rel. Branch Banking & Trust Co. v. Smith

Opinion of the Court

Per Curiam.

It is apparent that the summons was properly issued, under seal, and prosecution bond and verified complaint duly filed. While the copies delivered to the Insurance Commissioner for the defendant did not show the name of the clerk, the seal of the court, nor the name of plaintiff’s attorney, these omissions were supplied by proper order nunc pro tunc, and thus any defect in the service was cured. McLeod v. Pearson, 208 N. C., 539; Casualty Co. v. Green, 200 N. C., 535; Calmes v. Lambert, 153 N. C., 248; Henderson v. Graham, 84 N. C., 496.

The findings and order of the clerk, affirmed by the judge on appeal, sustain the judgment.

Affirmed.

Reference

Full Case Name
STATE OF NORTH CAROLINA, Ex Rel., BRANCH BANKING & TRUST COMPANY, Guardian of LAWRENCE W. SMITH, Lunatic v. LENA L. SMITH, Admx. of Estate of CLARENCE J. SMITH, THE FIDELITY & CASUALTY COMPANY OF NEW YORK, J. W. HODGES, and MASSACHUSETTS BONDING & INSURANCE COMPANY
Status
Published