Moore v. N. C. Railroad

Supreme Court of North Carolina

Moore v. N. C. Railroad

67 N.C. 209

CourtSupreme Court of North Carolina

DecidedJune 15, 1872

StatusPublished

Cited by8 cases

This text of 67 N.C. 209 (Moore v. N. C. Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. N. C. Railroad, 67 N.C. 209 (N.C. 1872).

Pincite

Opinion

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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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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Bluebook (online)

67 N.C. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-n-c-railroad-nc-1872.

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