NATIONWIDE MUTUAL INSURANCE COMPANY v. ROBERTS

No. 379

134 S.E.2d 654 (1964)

261 N.C. 285

NATIONWIDE MUTUAL INSURANCE COMPANY v. Mac Ray ROBERTS and Johnny Scippio.

Supreme Court of North Carolina.

February 26, 1964.


Attorney(s) appearing for the Case

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by W. F. Maready, Winston-Salem, for plaintiff appellant.

White & Crumpler, by Harrell Powell, Jr., Leslie G. Frye, and Fred G. Crumpler, Jr., Winston-Salem, for defendant appellees.


SHARP, Justice.

An attempt was made to make the insured Roberts a party defendant by service upon the Commissioner of Motor Vehicles under G.S. §§ 1-105 and 1-105.1. The attempt was ineffectual. This action is one for a declaratory judgment to construe a contract of insurance. It does not arise out of an automobile collision. Lindsay v. Short, 210 N.C. 287, 186 S.E. 239.

The Superior Court has jurisdiction to render a declaratory judgment only when...

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