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ROBERTS v. COCA-COLA BOTTLING COMPANY OF ASHEVILLE

No. 94.

124 S.E.2d 105 (1962)

256 N.C. 434

Carl Henry ROBERTS v. COCA-COLA BOTTLING COMPANY OF ASHEVILLE, Inc.

Supreme Court of North Carolina.

February 28, 1962.

Attorney(s) appearing for the Case

Williams, Williams & Morris, by R. R. Williams, Jr., Asheville, for defendant, appellant.

Willson & Riddle, by Robert B. Willson, Asheville, for plaintiff, appellee.

HIGGINS, Justice.

The superior court acquires jurisdiction of a plaintiff by his institution of an action in that court. It acquires jurisdiction of the defendant by the service of the summons and the complaint. However, under certain conditions the plaintiff is not required to file and serve the complaint at the time the summons is issued and served. G.S. § 1-121 provides: "* * * the clerk may * * * on application of plaintiff by written order extend the time...

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