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HALL v. LASSITER

No. 7918SC94.

260 S.E.2d 155 (1979)

44 N.C. App. 23

Charles R. HALL v. R. Haywood LASSITER d/b/a High Point Concrete Products and Richard Lassiter.

Court of Appeals of North Carolina.

November 20, 1979.

Attorney(s) appearing for the Case

Haworth, Riggs, Kuhn, Haworth & Miller by John Haworth, High Point, for plaintiff-appellant.

Nichols, Caffrey, Hill, Evans & Murrelle by William L. Stocks, Greensboro, for defendants-appellees.

VAUGHN, Judge.

Plaintiff concedes that the summons was not served in compliance with Rule 4(j)(1)a of the Rules of Civil Procedure "[b]y delivering a copy of the summons and of the complaint to him or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein . . . ." Plaintiff, nevertheless, suggests that under the philosophy expressed in Wiles v. Construction Co.,<...

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