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RUSSELL v. BEA STAPLE MANUFACTURING COMPANY

No. 689.

146 S.E.2d 459 (1966)

266 N.C. 531

Jim RUSSELL and Seymour Ett, t/a Russett Sales Company, v. BEA STAPLE MANUFACTURING COMPANY, Incorporated.

Supreme Court of North Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

Haworth, Riggs, Kuhn & Haworth, by John Haworth, and Don G. Miller, High Point, for defendant appellant.

Morgan, Byerly, Post & Keziah, by W. Dan Herring, High Point, for plaintiff appellee.

PARKER, Justice.

G.S. § 1-89 reads in relevant part: "It [the summons] must be returnable before the clerk and must command the sheriff or other proper officer to summon the defendant, or defendants, to appear and answer the complaint of the plaintiffs within thirty (30) days after its service upon defendant, or defendants * * *." (Emphasis ours.)

The original summons commanded the sheriff "to summon...

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