No. 7822SC444.

253 S.E.2d 335 (1979)

40 N.C. App. 522

L. M. LACKEY, Jr., Administrator of the Estate of Michael Henry Courain v. James William COOK.

Court of Appeals of North Carolina.

April 3, 1979.

Attorney(s) appearing for the Case

Raymer, Lewis, Eisele & Patterson by Douglas G. Eisele and Jay F. Frank, Statesville, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and William C. Raper, Winston-Salem, for defendant-appellant.

PARKER, Judge.

Defendant contends that the trial court erred in determining that an alias summons issued more than 90 days after the original summons was issued could relate back to the date of issue of the original summons so as to keep alive the action originally instituted on 8 June 1977. We agree with the defendant's contention and accordingly reverse.

The summons in this case was issued on 8 June 1977. G.S. 1A-1, Rule 4(c) provides (with certain exceptions...


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