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SIMMS v. MASON'S STORES, INC., (NC-1)

No. 7329SC59.

196 S.E.2d 545 (1973)

18 N.C. App. 188

David Lee SIMMS v. MASON'S STORES, INC., (NC-1).

Court of Appeals of North Carolina.

Certiorari Allowed July 12, 1973.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by James W. Williams, Asheville, for plaintiff appellant.

Uzzell & DuMont by J. William Russell, Asheville, for defendant appellee.

Certiorari Allowed by Supreme Court July 12, 1973.

MORRIS, Judge.

Plaintiff's assignments of error raise the following questions on appeal: (1) Whether the service of process upon defendant was ineffective and void; and (2) whether the defendant waived any objection to the jurisdiction of the court over it by obtaining an enlargement of time in which to file "answer or otherwise plead"?

We turn first to the question dealing with the service of process...

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