Roberts v. Coca-Cola Bottling Co. of Asheville, Inc.

The superior court acquires jurisdiction of a plaintiff by his institution of an action in that court. It acquires jurisdiction of the defendant by the service of the summons and the complaint. However, under certain conditions the plaintiff is not required to file and serve the complaint at the time the summons is issued and served. G.S. 1-121 provides: “ . . . the clerk may ... on application of plaintiff by written order extend the time for filing complaint to a day certain not to exceed twenty (20) days, . . . said application and order shall state the nature and purpose of the suit.”

The…