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TRINITY METHODIST CHURCH v. MILLER

No. 173.

132 S.E.2d 688 (1963)

260 N.C. 331

TRINITY METHODIST CHURCH, Wilmington, North Carolina, et al. v. Chas. J. MILLER, trading as Chas. J. Miller Company and Glens Falls Insurance Company.

Supreme Court of North Carolina.

October 16, 1963.

Attorney(s) appearing for the Case

Henry & Henry, Lumberton, Burnett & Burnett, Carter, Murchison, Fox & Newton, Wilmington, for plaintiff appellee.

Poisson, Marshall, Barnhill & Williams, Wilmington, for defendant appellant.

DENNY, Chief Justice.

The question for determination is, in an action for damages for breach of contract, can valid service of process be had outside the State of North Carolina pursuant to the provisions of G.S. § 1-104.

G.S. § 1-104 provides in pertinent part as follows: "(a) In all actions and special proceedings in which a verified pleading or an affidavit for service of process outside the State has been filed pursuant to G.S. 1-98.4, and an...

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