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DICKSON v. FOGARTY BROS. TRANSFER

No. 452.

78 S.E.2d 446 (1953)

238 N.C. 570

DICKSON v. FOGARTY BROS. TRANSFER, Inc., et al.

Supreme Court of North Carolina.

November 11, 1953.

Attorney(s) appearing for the Case

S. J. Bennett, Durham, for plaintiff-appellant.

Allen & Hipp, Raleigh, for defendant Fogarty Bros. Transfer, Inc., appellee.

WINBORNE, Justice.

This is the question: Was the appearance made by defendant Fogarty Brothers Transfer, Inc., a special appearance, as it purported to be, or was it a general appearance? This Court holds that it exceeds the purposes for which a special appearance may be had, and was, in law, a general appearance. And a general appearance waives any defects in the jurisdiction of the court for want of service of summons...

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