CUSHING v. CUSHING

No. 95.

139 S.E.2d 217 (1964)

263 N.C. 181

Judith Baumann CUSHING v. Charles Crowe CUSHING.

Supreme Court of North Carolina.

December 16, 1964.


Attorney(s) appearing for the Case

Lee & Allen, Asheville, for plaintiff.

Sanford W. Brown, Asheville, for defendant.


SHARP, Justice.

The questions raised by this appeal are: (1) Was the service of summons and notice had upon defendant in North Carolina invalid? (2) Did the pendency of the South Carolina action between these parties for the same cause abate this action? (3) Should the demurrer ore tenus be sustained? These questions will be discussed and answered seriatim.

(1) Defendant was not immune from service of process when he came into North Carolina...

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