MORRIS v. DICKSON

No. 7212SC222.

187 S.E.2d 409 (1972)

14 N.C. App. 122

James L. MORRIS v. R. S. DICKSON et al.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

Spruill, Trotter & Lane by Michael S. Colo, Rocky Mount, for plaintiff appellant.

McCoy, Weaver, Wiggins, Cleveland & Raper by Alfred E. Cleveland, Fayetteville, for defendants appellees.


BRITT, Judge.

Plaintiff contends that defendants purported to institute their action by filing an application for and obtaining an order extending the time within which to file complaint, and having summons issued, but that the application and order did not comply with G.S. § 1A-1, Rule 3, therefore, their action was a nullity.

The pertinent part of G.S. § 1A-1, Rule 3, provides: "A civil action may also be commenced by the issuance of a summons...

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