Forte v. . Boone

Citations

• 19 S.E. 632
• 114 N.C. 176

Syllabus

<p>Practice — Case on Apj)eal — Invalid Service by Constable— Amendment of Summons.</p> <p>1. Service by an officer means an officer authorized generally and by virtue of his office to serve process of the Court in which the action is pending.</p> <p>2. A town constable has no authority, under section 3810, as construed with section 644, to serve any papers for the Superior Court except process; an appellant’s case on appeal from the Superior Court is not process; hence, service of a case on appeal by a town constable is a nullity.</p> <p>3. Failure to serve a case on appeal on appellee legally and in due time cannot be cured by the action of the Judge below in thereafter settling the case.</p> <p>4. Where there is no valid case on appeal and no error appears on the face of the record, the judgment below will be affirmed,</p> <p>ó. Where an action was brought on the official bond of a Clerk of the Superior Court in the name of the parties injured by a breach thereof, it was not error in the Court below to permit an amendment of the summons by the insertion of the words “The State on relation of” after the pleadings were filed.</p>