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BRIGHT v. WILLIAMS

No. 96.

97 S.E.2d 247 (1957)

245 N.C. 648

K. Clayton BRIGHT, Administrator of John P. Leath, Deceased, v. Woodrow W. WILLIAMS and wife, Bertha Williams, and George A. Gash, Administrator of the Estate of Beulah Mae Leath, Deceased.

Supreme Court of North Carolina.

March 20, 1957.

Attorney(s) appearing for the Case

Sanford W. Brown and Edward Jerome, Asheville, for defendant appellant.

William J. Cocke and Landon H. Roberts, Asheville, for plaintiff appellee.

RODMAN, Justice.

Defendant insists that his motion made with the answer filed in May should have been sustained for the purported personal service on 17 April had no validity, Green v. Chrismon, 223 N.C. 724, 28 S.E.2d 215, and that the order of 24 April for service by publication, having been made more than thirty-one days after the order for the attachment, likewise is ineffective. G.S. § 1-440.7.

If it be conceded that neither defendant nor his property...

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