State on Relation of W. H. Howerton v. . S. McD. Tate

66 N.C. 431

Opinion

RodMAN,- J.

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.