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

No. 39.

203 S.E.2d 769 (1974)

285 N.C. 145

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

Supreme Court of North Carolina.

April 10, 1974.


Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by James W. Williams and William C. Morris, Jr., Asheville, for plaintiff-appellant.

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


SHARP, Justice:

This appeal presents these questions: (1) Has defendant corporation been effectively served with process; and (2) if not, did defendant, by obtaining an extension of time within which to answer or otherwise plead, make a general appearance or waive its right under G.S. § 1A-1, Rule 12, to move to dismiss this action for lack of jurisdiction over it?

The manner of service of summons upon a domestic or foreign corporation is governed by...

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