Smith v. Smith

HEDRICK, Judge.

Plaintiff, a resident of the state of Virginia, filed this action for absolute divorce in the district court of Mecklenburg County against the defendant, a resident of Rowan County, North Carolina. Personal service was had on and accepted by the de*813fendant as provided by G.S. § 1A-1, Rule 4(j). The defendant made no appearance. The trial judge, ex mero motu, dismissed the “action” on the grounds that “the District Court of Mecklenburg County” lacked jurisdiction because the action was filed in Mecklenburg County by a nonresident plaintiff against a defendant who was a resident…