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Baker v. Brem

Supreme Court of North Carolina
Dec 1, 1900
37 S.E. 454 (N.C. 1900)

Opinion

(19 December, 1900.)

SERVICES OF PROCESS — Summons — Justice of the Peace — Sheriff — Coroner — Special Officers — Laws 1891, Chap. 173.

Laws 1891, ch. 173, providing for deputizing special officers where the sheriff and coroner are interested, apply to courts of justices of the peace.

PETITION to rehear. Petition granted. For former opinion. see 126 N.C. 367.

J. T. Perkins, for petitioner.

Avery Erwin, in opposition.


When this case was decided, our attention was not called to chap. 173, Laws 1891, and it was overlooked by us. That statute provides: "If, at any time, the sheriff of any county be interested in or a party to any proceeding in any court, * * * or if the coroner be interested in any such proceeding, then the court from which such process issues shall appoint some suitable person to act as special coroner to execute such process," etc. This language, by its very terms, applies to "any proceedings in any court." It is not restricted to the Superior Courts, but the contrary intent is expressed. Here, the sheriff being insane, and the coroner being interested in this action before a Justice of the Peace, that officer, under authority of this statute, deputized an officer specially to serve the summons, and he made due service as such. The petition to rehear should be granted, and the judgment below affirmed.


Summaries of

Baker v. Brem

Supreme Court of North Carolina
Dec 1, 1900
37 S.E. 454 (N.C. 1900)
Case details for

Baker v. Brem

Case Details

Full title:BAKER v. BREM

Court:Supreme Court of North Carolina

Date published: Dec 1, 1900

Citations

37 S.E. 454 (N.C. 1900)
127 N.C. 322

Citing Cases

Baker v. Brem

Error. Overruled: Baker v. Brem, 127 N.C. 322.…