LEWIS CLARKE ASSOC. v. TOBLER

No. 7610SC666.

232 S.E.2d 458 (1977)

32 N.C. App. 435

LEWIS CLARKE ASSOCIATES v. George P. TOBLER.

Court of Appeals of North Carolina.

March 2, 1977.


Attorney(s) appearing for the Case

Pinna, Skvarla & Wyrick by Samuel T. Wyrick, III, Raleigh, for plaintiff-appellee.

Seay, Rouse, Sherrill, Johnson & Rosser by Henry T. Rosser, Raleigh, for defendant-appellant.


HEDRICK, Judge.

Defendant first contends that the court had no jurisdiction to enter the judgment because of a lack of valid service of process. Service of process was had upon the defendant in New York pursuant to G.S. 1A-1, Rule 4(j)(9)(b), which in pertinent part provides for service upon an out-of-state defendant as follows:

"Registered or certified mail. — Any party subject to service of process under this subsection (9) may be served by mailing...

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