Supreme Court of North Carolina October 5, 1881 (Spaugh v. . Boner)

Ruffin, J.

The facts of this case so nearly resemble those-which existed in the case of

Sparrow

v. T

he Trustees of Davidson College, 77

N. C., 35, as to render that case a controlling authority in this. There, as here, a summons issued from a justice’s court, was served on the defendant who failed to appear at the trial, and judgment was rendered against him.