PHILPOTT v. KERNS

No. 42.

203 S.E.2d 778 (1974)

285 N.C. 225

Viola H. PHILPOTT v. Allen F. KERNS and Jean Kerns.

Supreme Court of North Carolina.

April 10, 1974.


Attorney(s) appearing for the Case

Pearson, Malone, Johnson & DeJarmon by W. G. Pearson, II, and W. W. Perry, Durham, for plaintiff-appellant.

Haywood, Denny & Miller by George W. Miller, Jr., Durham for defendant-appellees.


SHARP, Justice:

The Court of Appeals correctly held that the court acquired no jurisdiction over defendants by the service of the summons issued in this case upon the Commissioner of Motor Vehicles. Under G.S. § 1-105 (1973 Supp.) in any action for damages against a nonresident which grows out of his operation of a motor vehicle upon the public highways of this State summons may be served upon the nonresident by leaving a copy thereof with the Commissioner of...

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