Hooker v. . Forbes

The sheriff’s return notes the service of process by reading the summons to the defendants and by delivering to each of them a copy both of the summons and of the complaint. As the return is prima facie correct it cannot be set aside unless the evidence in contradiction is clear and unequivocal. Commissioners v. Spencer, 174 N. C., 36; Trust Co. v. Nowell, 195 N. C., 449. The affidavit of the appellant discredits the return and that of the deputy sheriff supports it. The court found as a fact that the summons had been served as the statutes direct, and this finding is conclusive. Chemical Co.…