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STONE v. HICKS

No. 7921SC478.

262 S.E.2d 318 (1980)

Beadie Fulton STONE v. J. O. HICKS, d/b/a Hicks' Pharmacy, and Henry Jackson Fowler.

Court of Appeals of North Carolina.

February 5, 1980.

Attorney(s) appearing for the Case

Victor M. Lefkowitz, Winston-Salem, for plaintiff-appellant.

Tuggle, Duggins, Meschan, Thornton & Elrod by Kenneth R. Keller and Joseph E. Elrod III, Greensboro, for defendant-appellee Hicks.

Hudson, Petree, Stockton, Stockton & Robinson by J. Robert Elster and John F. Mitchell, Winston-Salem, for defendant-appellee Fowler.

HARRY C. MARTIN, Judge.

We hold the order of Judge Walker must be sustained. While it is true that the conduct of a lawsuit is not a game between counsel, process must be sufficient in order to give the court jurisdiction over the parties. Defendants made their motions for dismissal well within the time in which alias and pluries summons could be issued. No additional summons was issued.

Rule 4(b) of the North Carolina Rules of Civil Procedure requires that...

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