SPARTAN LEASING, INC. v. BROWN

No. 7226SC55.

188 S.E.2d 574 (1972)

14 N.C. App. 383

SPARTAN LEASING, INC. v. William W. BROWN, Jr., and James M. Howard, t/a Coastal Steel Erectors, a partnership, and Coastal Steel Erectors, Inc., a corporation.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage, Charlotte, for plaintiff appellee.

Parker Whedon, Charlotte, for defendant appellants.


GRAHAM, Judge.

The question on appeal is: Did defendants, by obtaining an enlargement of time in which to "file answer, motion or other pleadings," waive their right under G.S. § 1A-1, Rule 12, to move to dismiss the action for lack of jurisdiction over the person? We hold that they did not.

Before the adoption of G.S. § 1A-1, Rule 1, et seq., objection to jurisdiction over the person could be presented by motion or answer and the making of other...

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