State on Relation of W. H. Howerton v. . S. McD. Tate
This text of 66 N.C. 431 (State on Relation of W. H. Howerton v. . S. McD. Tate) 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
The- only question in this case is whether the Clerk of Rowan Superior Court coiild issue a summons to be served in Buncombe Superior Court. The summons was dated 14th November 1871.
The Judge below'-, thought the Clerk had no such right, and dismissed the action. We concur with His Honor.
The practice is regulated by the Act of 1870-71, ch. 4% which was ratified on- the 25th of January- 1871, and says, “that the summons shall be signed by the Clerk of the Superior Court having jurisdiction to try the action.”
PjER'CuEfAM. Judgment affirmed.
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