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PRESSLEY v. TURNER

No. 233.

105 S.E.2d 289 (1958)

249 N.C. 102

John B. PRESSLEY v. Lawrence James TURNER, Geraldine Markham, also known as Carol Brooks, and Parents' Institute, Inc., a Corporation.

Supreme Court of North Carolina.

October 29, 1958.

Attorney(s) appearing for the Case

Elbert E. Foster and Charles M. Welling, Charlotte, for plaintiff appellee.

Kennedy, Covington, Lobdell & Hickman, Charlotte, for defendant Parents' Institute, Inc., appellant.

RODMAN, Justice.

By the express language of our statute, G.S. § 1-105, the operation of a motor vehicle by a nonresident on the highways is the equivalent of the appointment of the Commissioner of Motor Vehicles as process agent for the nonresident. Neither ownership nor physical presence in the motor vehicle is necessary for valid service. It is sufficient if the nonresident had the legal right to exercise control...

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