NORTH STATE FINANCE CO. v. LEONARD

No. 537.

139 S.E.2d 356 (1964)

263 N.C. 167

NORTH STATE FINANCE COMPANY, Inc. v. H. L. LEONARD and Eloise G. Leonard.

Supreme Court of North Carolina.

December 16, 1964.


Attorney(s) appearing for the Case

Ferree, Anderson & Ogburn, Asheboro, for plaintiff appellee.

Charles F. Lambeth, Jr., Thomasville, for defendant appellants.


BOBBITT, Justice.

Appeal of H. L. Leonard

H. L. Leonard's assignments of error are based on his exceptions (1) to the court's finding that he "was served with summons and other process * * * on July 30, 1960," and (2) to the judgment.

When the return shows legal service by an authorized officer, nothing else appearing, the law presumes service. The service is deemed established unless, upon motion in the cause, the legal presumption is rebutted by...

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