The court,
ordered the plea to be overruled: because the act only gives the advantage to the defendant for an illegal service, but not when there is no service at all.
Jones's Executors v. Stokes, 1 N.C. 36, 1 Mart. 36 (1796)
April 1796
·
North Carolina Superior Court
1 N.C. 36, 1 Mart. 36
Halifax,
April Term, 1796.
In Equity.
JONES’s EXECUTORS versus STOKES.
Injuction bill.
THE defendant pleaded in this case that the process &c. had not been served on him ten days before court, as the act of Assembly directs; but it appearing that it had never been served upon him at anytime: 1782, 11, 432.