BIMAC CORPORATION v. HENRY

No. 7318SC206.

197 S.E.2d 262 (1973)

18 N.C. App. 539

The BIMAC CORPORATION v. Harley HENRY and Murray H. Willitts.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

Schoch, Schoch, Schoch & Schoch by Arch Schoch, Jr., High Point, for plaintiff appellee.

Morgan, Byerly, Post & Herring by William L. Johnson, Jr., High Point, for defendants appellants.


VAUGHN, Judge.

Defendants contend that the Court of Common Pleas of Montgomery County, Ohio, did not have jurisdiction over the parties and that the judgment rendered by that court is invalid.

Rule 4.3 of the Ohio Rules of Civil Procedure governs procedures for out-of-state service of process. Rule 4.3 became effective on 1 July 1970. Rule 86, Ohio Rules of Civil Procedure. Pertinent sections of Rule 4.3 are:

"(A) When service permitted. Service of...

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