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DEATON v. THOMAS

No. 242.

138 S.E.2d 201 (1964)

262 N.C. 565

Carl E. DEATON v. Grady Junior THOMAS.

Supreme Court of North Carolina.

October 14, 1964.

Attorney(s) appearing for the Case

Hollowell & Stott, Gastonia, Kenneth R. Downs, Charlotte, for plaintiff appellee.

Carpenter, Webb & Golding, Charlotte, Childers & Fowler, Gastonia, for defendant appellant.

DENNY, Chief Justice.

G.S. § 1-95 in pertinent part provides: "When the defendant in a civil action or a special proceeding is not served with summons within the time allowed for its service, it shall not be necessary to have new process issued. At any time within ninety days after issue of the summons, or after the date of the last prior endorsement the clerk, upon request of the plaintiff shall endorse upon the original...

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