109 N.C. 78
Supreme Court of North Carolina
Decided September 15, 1891
Supreme Court of North Carolina · decided 1891-09-15
This is a civil ACTION, tried before Connor, J., at Spring Term, 1891, of Northampton Superior Court. In a special proceeding, specified in the complaint in this action, it appears, by the return of the summons in that proceeding, that the same was duly served upon the defendants therein named; whereas, in fact, as the plaintiffs allege, that summons never was served.
Cited by 3 later decisions (1 by the Supreme Court) — most recently March 1928
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1891-09-15
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¶1In view of a multitude of decisions of this Court, it is too clear to admit of serious question that the Court properly dismissed the action upon the ground that the plaintiffs’ remedy is by a motion in the cause. Carter v. Rountree, decided at this term.
¶2DEFENDANTS APPEAL.
¶3The defendant’s appeal is disposed of by what we have said in plaintiffs’ appeal.
¶4Affirmed.