EMANUEL v. FELLOWS

No. 7914SC1112.

267 S.E.2d 368 (1980)

47 N.C. App. 340

Mickey Michelle EMANUEL v. Norris L. FELLOWS.

Court of Appeals of North Carolina.

June 17, 1980.


Attorney(s) appearing for the Case

Randall, Yaeger, Woodson, Jervis & Stout by John C. Randall, Durham, for plaintiff-appellee.

Haywood, Denny & Miller by John D. Haywood, Durham, for defendant-appellant.


VAUGHN, Judge.

Neither party questions the ruling of the trial court that personal service on defendant by delivering copies to his wife on 2 May 1979 was ineffective to obtain personal jurisdiction over defendant. The summons served on defendant on 2 May 1979 was issued on 5 October 1978 and, therefore, was not served within thirty days after it was issued and it had never been endorsed until 8 March 1979, more than ninety days after its original issuance. The alias...

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