ATWOOD v. ATWOOD

No. 738.

63 S.E.2d 103 (1951)

233 N.C. 208

ATWOOD v. ATWOOD.

Supreme Court of North Carolina.

February 2, 1951.


Attorney(s) appearing for the Case

Trivette, Holshouser & Mitchell, North Wilkesboro, for defendant appellant.

R. F. Crouse, Sparta, Higgins & McMichael, Winston-Salem, for plaintiff appellee.


WINBORNE, Justice.

This is the basic question raised by defendant, the appellant, on this appeal, and on which decision here rests:

When a summons in a civil action, commenced in Superior Court, is not served upon defendant therein by the sheriff, to whom it is directed, within ten days after the date of its issue, but is later returned by the sheriff with an endorsement thereon that it was served upon defendant on a date more than ten days after the date...

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