Franklin v. Standard Cellulose Products, Inc.

Appellant contends “he is not a party against whom such an action may be prosecuted in the State of North Carolina and is not subject to service of process under G.S. 1-105” and therefore the action as to him should be dismissed for lack of jurisdiction. He cites G.S. 28-176 and Cannon v. Cannon, 228 N.C. 211, 45 S.E. 2d 34, as authority for the proposition that an action may not be prosecuted in this State against a foreign administrator.

G.S. 28-176 provides that “(a) 11 actions and proceedings brought by or against executors, administrators or collectors, upon any cause of action or right…