DARBY v. DARBY

No. COA98-1517.

521 S.E.2d 741 (1999)

Phyllis DARBY, Plaintiff-Appellant, v. Hoyte Clyde DARBY, Defendant-Appellee.

Court of Appeals of North Carolina.

November 16, 1999.


Attorney(s) appearing for the Case

Deaton & Biggers, P.L.L.C., by Lydia A. Hoza, Shelby, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Allen Smith, Charlotte, for defendant-appellee.


WYNN, Judge.

The facts of this appeal are quite simple. The plaintiff-wife having been injured in an automobile driven by her husband, brought an action against him one day before the running of the three-year statute of limitations. The county sheriff served the complaint at the residence of the husband which was also the residence of the wife. For some reason, not apparent to us, the plaintiff-wife accepted service of her own complaint on behalf of her defendant...

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