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McCOY v. McCOY

No. 7510DC921.

223 S.E.2d 513 (1976)

29 N.C. App. 109

Florine Jones McCOY v. Thomas McCOY, Jr.

Court of Appeals of North Carolina.

April 7, 1976.

Attorney(s) appearing for the Case

Crisp, Bolch, Smith & Clifton by Joyce L. Davis, Raleigh, for plaintiff-appellant.

No counsel contra.

PARKER, Judge.

This case presents the question: Is issuance of a summons essential to validity of service of process by publication made pursuant to G.S. 1A-1, Rule 4(j)(9)c upon a party to a civil action whose "address, whereabouts, dwelling house or usual place of abode is unknown and cannot with due diligence be ascertained?" We hold that it is not.

Since 1 January 1970, the effective date of our Rules of Civil...

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