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BLAIR AUTO COMPANY v. McLAIN

No. 7012DC55.

173 S.E.2d 45 (1970)

7 N.C. App. 567

BLAIR AUTO COMPANY, Inc. v. Oscar McLAIN and wife, Nora McLain.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Williford, Person & Canady, by N. H. Person, Fayetteville, for plaintiff appellee.

Anderson, Nimocks & Broadfoot, by Henry L. Anderson, Jr., Fayetteville, for defendants appellants.

VAUGHN, Judge.

Service of process, unless waived, is a jurisdictional requirement. If the summons and complaint were not served on defendant, the default judgment dated 11 April 1967 is void, and the proper procedure to attack it was by motion in the cause. Kleinfeldt v. Shoney's of Charlotte, Inc., 257 N.C. 791, 127 S.E.2d 573. A motion in the cause to set aside a judgment presents questions of fact...

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