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ELLIS v. KIMBROUGH

No. 796SC1206.

266 S.E.2d 758 (1980)

Dale M. ELLIS and wife, Mary Elizabeth Ellis v. Emmett Nathan KIMBROUGH.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Laurence S. Graham, Greenville, and William Sidney Aldridge, Raleigh, for plaintiffs.

Gram & Baker by Ronald G. Baker, Ahoskie, and Pritchett, Cooke & Burch, Windsor, for defendant.

PARKER, Judge.

It was error for the court to dismiss plaintiffs' action. The action was validly commenced when the complaint filed on 27 August 1979, well within the period of the statute of limitations. A valid original summons was issued on 28 August 1979, within the five day period after the filing of the complaint prescribed by Rule 4(a). True, the attempted service of this summons on 3 September 1979 was defective in that the copy of the summons delivered to...

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