State ex rel. Branch Banking & Trust Co. v. Smith
This text of 210 N.C. 582 (State ex rel. Branch Banking & Trust Co. v. Smith) 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.
Opinion
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.
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210 N.C. 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-branch-banking-trust-co-v-smith-nc-1936.