Opinion · Supreme Court of North Carolina

Woodley v. . Gilliam

64 N.C. 649

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1870-06-05
Topic
general

Bodman, J. The question whether an action to recover the possession of land, is a civil action, within the meaning of the Code of Civil Procedure, and the Act of 186S-’69, ch.. 76, p. 189, so as to require the summons to be returned in term time, — or, is a special proceeding, as distinguished from what is termed in the Code a civil action, so that the summons may be returnable before the Clerk at any time, is decided in Tate v. Powe, ante 644. Personally, I do not quite approve of the manner in which the line of distinction is drawn in that case. I think those actions are special proceedings, in which existing statutes direct a procedure different from the ordinary.

Citator

UpLaw has not yet analyzed Woodley v. . Gilliam. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions