Legal Opinion

Simms v. MASON'S STORES, INC.(NC-1)

Supreme Court of North Carolina

Decided April 10, 1974No. 39PublishedCited by 35 opinions

1Opinion of the Court

SHARP, Justice.

This appeal presents these questions: (1) Has defendant corporation been effectively served with process; and (2) if not, did defendant, by obtaining an extension of time within which to answer or otherwise plead, make a general appearance or waive its right under G.S. 1A-1, Rule 12, to move to dismiss this action for lack of jurisdiction over it?

The manner of service of summons upon a domestic or foreign corporation is governed by G.S. 1A-1, Rule 4(j) (6). This rule requires service by delivering a copy of the summons and complaint (a) “to an officer, director, or managing…

2Cases cited19 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
  3. Wyrough & Loser, Inc. v. Pelmor Laboratories, Inc.Court of Appeals for the Third Circuit · 1967
  4. Gottlieb v. Sandia American Corp.Court of Appeals for the Third Circuit · 1971
  5. In Re BlalockSupreme Court of North Carolina · 1951

14 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Harris v. PembaurCourt of Appeals of North Carolina · 1987
  2. Swenson v. ThibautCourt of Appeals of North Carolina · 1978
  3. Koven v. Saberdyne Systems, Inc.Court of Appeals of Arizona · 1980
  4. Roland v. W & L Motor Lines, Inc.Court of Appeals of North Carolina · 1977
  5. State v. Omega Painting, Inc.Indiana Court of Appeals · 1984

30 more not listed; retrieve them via the Exa API.

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