Russell v. BEA STAPLE MANUFACTURING COMPANY

G.S. 1-89 reads in relevant part: “It [the summons] must be returnable before the clerk and must command the sheriff or other proper officers to summon the defendant, or defendants, to appear and answer the complaint of the plaintiffs within thirty (30) days after its service upon defendant, or defendants. . . .” (Emphasis ours.)

The original summons commanded the sheriff “to summon Clayton Eddinger, Kearns Warehouse, 518 Hamilton Street, High Point, North Carolina, local agent for Bea Staple Manufacturing Company, Incorporated, defendant(s) above named,” and was so served. The copy of the…