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BELK v. BELK'S DEPARTMENT STORE OF COLUMBIA, S. C., INC.

No. 239.

108 S.E.2d 131 (1959)

250 N.C. 99

William Henry BELK v. BELK'S DEPARTMENT STORE OF COLUMBIA, S. C., INC., a corporation, John M. Belk, Irwin Belk and Thomas M. Belk.

Supreme Court of North Carolina.

April 15, 1959.

Attorney(s) appearing for the Case

Weinstein & Muilenburg, Charlotte, for plaintiff appellee.

Helms, Mulliss, McMillan & Johnston and David M. McConnell, Charlotte, for defendant appellant.

RODMAN, Justice.

The validity of an in personam judgment is of course dependent on jurisdiction over the person of the defendant. Pennoyer v. Neff, 5 Otto 714, 95 U.S. 714, 24 L.Ed. 565; Rutherford v. Ray, 147 N.C. 253, 61 S.E. 57; Doyle v. Brown, 72 N.C. 393. It follows that a judgment in personam can only be rendered against a foreign corporation when it has exercised its corporate functions within the State. Lambert v. Schell,

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