Braswell v. Atlantic Coast Line Railroad

The defendant’s motion was based on the following uncon-troverted facts: Summons in the above entitled action was issued 16 November, 1950, and at same time order was made by the clerk extending the time for filing complaint for 20 days. The summons and copy of the order of extension were duly served on the defendant on the same day. On 5 December following, and within the 20 days, plaintiff filed his complaint, but no order was made by the clerk directing the sheriff to serve a copy of the complaint on the defendant, and the sheriff did not within *64110 days make such service. G.S. 1-121. Nor…