NASH COUNTY v. ALLEN

No. 98.

85 S.E.2d 921 (1955)

241 N.C. 543

NASH COUNTY, a body politic and corporate, v. S. R. ALLEN and J. M. Allen.

Supreme Court of North Carolina.

March 2, 1955.


Attorney(s) appearing for the Case

James D. Gilliland, Warrenton, for R. R. Davis.

Cooley & May, Nashville, for Madeline D. Bobbitt.

J. P. Bunn, Rocky Mount, for Nash County.

Beam & Beam, Malone & Malone, Louisburg, for S. R. Allen.


WINBORNE, Justice.

While appellants in their brief present nine questions as being involved on this appeal, the first elicits the determinative answer. The question: "Was the service of summons upon the defendant, S. R. Allen, by publication fatally defective?" The court held that it was, and, upon the record and facts found, we affirm.

Decisions of this Court uniformly hold that where service of summons is made by publication, the requirements of the statute...

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