Jones v. . McClair

64 N.C. 125

• Court: Supreme Court of North Carolina
• Decided: January 5, 1870
• Status: Published

Opinion

Eqdman, J.

IJt seems to us that the only question presented by this record, is as to the proper return day of the summons; a question which was decided in McAdoo v. Benbow, 63 N. C. 461, which decision the Court is not disposed to review. The summons was returnable before the Clerk of the Superior Court not in Term time.

According to that case it was irregular, and ought to have been dismissed. It seems to us that the warrant of attachment must share the fate of the action to which it was only an adjunct. With, this opinion, we do not think it necessary or proper to decide the other interesting questions which were discussed at the bar. Action dismissed.

Let this opinion he- certified.

Per Curiam. Judgment dismissed.