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J. A. JONES CONSTRUCTION CO. v. LOCAL UNION 755, ETC.

No. 248.

98 S.E.2d 852 (1957)

246 N.C. 481

J. A. JONES CONSTRUCTION COMPANY, a corporation, v. LOCAL UNION 755 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. OF L.) and W. W. Caudle, Business Agent, Local Union 755 of International Brotherhood of Electrical Workers (A. F. of L.).

Supreme Court of North Carolina.

June 28, 1957.

Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, and Carl E. Gaddy, Jr., Raleigh, for defendants-appellants.

H. Haywood Robbins and William H. Abernathy, Charlotte, for plaintiff-appellee.

PARKER, Justice.

The defendant Local Union 755 I.B.E.W. (A.F. of L.) assigns as error the failure of the court to dismiss the action as to it, because as an unincorporated labor union it cannot be sued, and further because no lawful service of process has been had upon it, as set forth in its "motion to dismiss and special demurrer."

On 10 December 1956 Judge Sharp heard evidence upon the "motion to dismiss and special...

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