BROWN v. OVERBY

No. 828SC395.

300 S.E.2d 565 (1983)

J. Thomas BROWN, Jr. Administrator of the Estate of Randolph Hendricks, Deceased v. Randy Sherwood OVERBY.

Court of Appeals of North Carolina.

March 15, 1983.


Attorney(s) appearing for the Case

Duke & Brown by John E. Duke, Goldsboro, for plaintiff-appellee.

Dees, Dees, Smith, Powell & Jarrett by William W. Smith and Tommy W. Jarrett, Goldsboro, for defendant-appellant.


HEDRICK, Judge.

All of defendant's assignments of error raise the one question of whether service by publication on 16 September 1981 revived an otherwise discontinued action. The chronology of events heretofore set out discloses that the last alias and pluries summons, issued on 23 April 1981, was not served within 90 days, so the action was discontinued pursuant to N.C.Gen.Stat. § 1A-1, Rule 4(d), (e). Stated differently, the only question raised on this appeal...

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