Mullen v. Norfolk & Carolina Canal Co.

Citations

• 19 S.E. 106
• 114 N.C. 8

Syllabus

<p>Foreign Corporation — Service of Process — Attachment and Publication — Mailing Process — Action for Unliquidated Damages — ■Practice.</p> <p>1. The method of mailing process to the Sheriff of the county and State where a non-resident defendant resides, to be served upon him (as provided by ch. 320, Acts of 1891), is optional and not exclusive of service by publication in cases in which this last is proper.</p> <p>2. An attachment could not be had in an action for unliquidated damages for injury to realty prior to ch. 77, Acts 3893, since the affidavit to procure an attachment must set forth one of the grounds recited in section 347 of The Code.</p> <p>3. Service of process by publication based on an attachment issued in an action for unliquidated damages is invalid, except in cases specified in The ('ode, 2347, and amendatory act, ch. 77, Acts 1893.</p> <p>4. Where a defendant appears specially to move to dismiss the action and notes an exception to the refusal of his motion, his subsequent appearance to the merits waives no right to have the refusal of his motion to dismiss reviewed on appeal.</p>