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WEBB v. SEABOARD AIR LINE RAILROAD COMPANY

No. 544.

151 S.E.2d 19 (1966)

268 N.C. 552

Joan K. WEBB, Administratrix of Isaac N. Sturdivant v. SEABOARD AIR LINE RAILROAD COMPANY, Charley Grimes, George R. Thomas and Nellie C. Thomas.

Supreme Court of North Carolina.

November 23, 1966.

Attorney(s) appearing for the Case

Griffin & Perry, Monroe, for plaintiff.

Smith & Griffin, Monroe, for defendant George R. Thomas.

Richardson & Dawkins, Monroe, and Cansler & Lockhart, Charlotte, for defendant Seaboard Air Line Railroad Co.

PER CURIAM.

G.S. § 1-89 provides, in pertinent part: "Summons must be served by the sheriff to whom it is addressed for service within (20) days after the date of its issue."

G.S. § 1-95 contains the following: "* * * 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...

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