WAYNE COUNTY EX REL. WILLIAMS v. WHITLEY

No. 848DC454.

323 S.E.2d 458 (1984)

COUNTY OF WAYNE ex rel. Ruby Mae WILLIAMS v. Michael Anthony WHITLEY.

Court of Appeals of North Carolina.

December 28, 1984.


Attorney(s) appearing for the Case

Baddour, Lancaster, Parker & Hine by E.B. Borden Parker, Goldsboro, for plaintiff-appellee.

Duke & Brown by John E. Duke, Goldsboro, for defendant-appellant.


BRASWELL, Judge.

This case presents the question: Can in personam jurisdiction be obtained over a defendant through service of process by publication within ninety days of the issuance of the original summons, but before any issuance of an alias or pluries summons? We hold that it can. However, because the service of process by publication under G.S. 1A-1, Rule 4(j1) was insufficient in this case, jurisdiction over the defendant was not obtained and the judgment...

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