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SINK v. EASTER

No. 7322SC288.

198 S.E.2d 43 (1973)

19 N.C. App. 151

James A. SINK v. Kenneth Wesley EASTER, Jr.

Court of Appeals of North Carolina.

Certiorari Allowed October 2, 1973.

Attorney(s) appearing for the Case

Charles F. Lambeth, Jr., Thomasville, for plaintiff-appellant.

Walser, Brinkley, Walser & McGirt by G. Thompson Miller, Lexington, for defendant-appellee.

Certiorari Allowed by Supreme Court October 2, 1973.

VAUGHN, Judge.

Defendant takes the position that plaintiff's action was not commenced until the complaint was filed on 23 September 1971 which was more than three years after the date of the accident. Rule 3 provides that a civil action is commenced by the filing of the complaint. Rule 3 also provides that: "A civil action may also be commenced by the issuance of a summons when

(1) A person makes...

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