ADAMS v. BROOKS

No. 8420SC569.

327 S.E.2d 19 (1985)

Katie L. ADAMS v. Leslie Pierre BROOKS, Jr., Harold Willard Steen and Norris Eugene Gleaves.

Court of Appeals of North Carolina.

March 19, 1985.


Attorney(s) appearing for the Case

Toms & Bazzle, P.A. by Ervin W. Bazzle and James H. Toms, Hendersonville, for plaintiff, appellant.

Golding, Crews, Meekins, Gordon & Gray by C. Byron Holden and Henry C. Byrum, Jr., Charlotte, for defendant Brooks, appellee.

Wade & Carmichael by R.C. Carmichael, Jr., Charlotte, for defendant Steen, appellee.


HEDRICK, Chief Judge.

In the only assignment of error presented on appeal, plaintiff asserts that the motions for summary judgment were erroneously granted. Plaintiff contends that the applicable three year statute of limitations, G.S. 1-52(5), was tolled when the action was commenced by the filing of her complaint on 5 July 1979. Defendants assert that since plaintiff made no attempt to deliver a copy of the complaint and summons, after issuance, to the sheriff for...

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