McGuire v. Montvale Lumber Co.

Plaintiff’s intestate was killed in a blast explosion in a mine operated by tbe defendant 14 July, 1924. Plaintiff alleges that her intestate’s death was caused by tbe negligence of tbe defendant:

Tbe facts appearing in tbe order dismissing tbis action are not disputed. A discontinuance has resulted. Tbe plaintiff did not obtain on tbe return date of tbe summons, 28 July, 1925, an order for an alias summons, and cause it to be executed.

In Hatch v. R. R., 183 N. C., 617, tbe controversy mainly centered around tbe question as to whether tbe facts constituted any service, at all, and after…