Attorney(s) appearing for the Case
Walser, Brinkley, Walser & McGirt by Charles H. McGirt, Lexington, for defendant-appellant.
Charles F. Lambeth, Jr., Thomasville, for plaintiff-appellee.
Supreme Court of North Carolina.
The question presented for review is whether the trial court erred in granting defendant's motion for summary judgment. To reach the correct answer we must first determine when the action was commenced, and then determine whether defendant was duly served with process.
Rule 3 of the North Carolina Rules of Civil Procedure (G.S. 1A-1, Rule 3) reads as follows:
"A civil action is commenced by filing a complaint with the court. The...
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