Carl Rose & Sons Ready Mix Concrete, Inc. v. Thorp Sales Corp.

PARKER, Judge.

“For a court to give a valid judgment against a defendant, it is essential that jurisdiction of the party has been obtained by the court in some way allowed by law. When a court has no authority to act, its acts are void.” Russell v. Manufacturing Co., 266 N.C. 531, 534, 146 S.E. 2d 459, 461 (1966). The contents required in a summons are set out in G.S. 1A-1, Rule 4(b), and one of the essential requirements is that the summons “shall be directed to the defendant or defendants and shall notify each defendant to appear and answer.” The summons issued in the present case fails to…