THOMAS v. POOLE

No. 8014SC1059.

282 S.E.2d 515 (1981)

Robert L. THOMAS, Administrator of the Estate of Joyce Thomas, Deceased v. Ernest Edward POOLE, Jr., and Guy R. Rankin Security Service Corporation, t/a Vanguard Security Service.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Hatcher Kincheloe, Charlotte, for plaintiff-appellee.

Spears, Barnes, Baker & Hoof by Alexander H. Barnes, Durham, for defendant-appellant.


CLARK, Judge.

In determining whether the trial court erred in denying the corporate defendant's motion to dismiss the complaint on the ground of insufficiency of service of process, we elect first to direct our attention to the question of waiver of the defense. We think it is clear that corporate defendant waived its right to assert the defense of insufficiency of service of process by the jurisdiction stipulation contained in the proposed pre-trial order which was...

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