TOWNSEND v. CAROLINA COACH CO.

No. 395.

56 S.E.2d 39 (1949)

231 N.C. 81

TOWNSEND v. CAROLINA COACH CO.

Supreme Court of North Carolina.

November 9, 1949.


Attorney(s) appearing for the Case

B. W. Blackwelder, Concord, for plaintiff.

Arch T. Allen, Raleigh, and E. T. Bost, Jr., Concord, for defendant.


DENNY, Justice.

The decision on this appeal turns on whether or not the misake, inadvertence or neglect of one who is not an officer or employee of a corporation, but a statutory agent upon whom process may be served, may be held to constitute surprise or excusable neglect within the purview of G.S. § 1-220.

Where service is obtained by publication, or upon a non-resident driver of a motor vehicle, as provided in G.S. §§ 1-105 and 1-107, the...

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