No. 774DC934.

247 S.E.2d 16 (1978)

37 N.C. App. 737

Mary Franklin Carter COLE v. James Durrell COLE.

Court of Appeals of North Carolina.

August 29, 1978.

Attorney(s) appearing for the Case

Joseph C. Olschner, Jacksonville, for plaintiff-appellee.

Cherry & Wall by James J. Wall, Wilmington, for defendant-appellant.

VAUGHN, Judge.

The appeal stems from defendant's efforts to set aside a judgment rendered against him in the District Court of Onslow County.

Plaintiff caused summons to be issued in this action for alimony on 25 August 1975. Defendant at that time lived in Albany, Georgia, where the summons was served on him personally on 4 October 1975. The summons was not endorsed for an extension of time, nor was an alias or pluries summons issued. On 11 November 1975...


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