BYRD v. PIEDMONT AVIATION, INC.

No. 305.

124 S.E.2d 880 (1962)

256 N.C. 684

Robert B. BYRD, Administrator of the Estate of David Frank, Deceased, v. PIEDMONT AVIATION, INC., a North Carolina Corporation, Kenneth Bergsma and W. T. Carpenter, Jr., Successor Administrator of the Estate of Julius Bergsma, trading and doing business under the name Bergsma Brothers, a Michigan Limited Partnership.

Supreme Court of North Carolina.

April 11, 1962.


Attorney(s) appearing for the Case

Stack & Graham, Charlotte, and Byrd & Byrd, Morganton, for plaintiff.

Uzzell & DuMont, Asheville, for defendant appellant.


MOORE, Justice.

The court erred in overruling the motion. Plaintiff undertook to serve summons on Bergsma under the provisions of G.S. § 1-105 and G.S. § 1-106. These statutes provide generally for substituted service of process upon nonresident drivers of motor vehicles. "Substituted service of process was unknown to common law, but depends upon statutory authorization. And a strict compliance with the provisions of such statute must be shown in...

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