MCINTYRE v. AUSTIN

No. 604.

59 S.E.2d 586 (1950)

232 N.C. 186

McINTYRE v. AUSTIN.

Supreme Court of North Carolina.

May 24, 1950.


Attorney(s) appearing for the Case

James W. Mason, Laurinburg, and Smathers & Carpenter, Charlotte, for plaintiff.

Varser, McIntyre & Henry, Lumberton, for defendant.


DENNY, Justice.

The appellant contends a plaintiff cannot obtain a valid alias or pluries summons without first applying for and obtaining an order directing the issuance of such writ.

Chapter 66, Public Laws of 1927, required the Clerk of the Superior Court to issue an alias or pluries summons within three days after the "return of a summons unserved for want of time to make service, as to any defendant or defendants not served." The imposition of this duty...

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