Voehringer v. . Pollock

The appellants contend there was irregularity in the issuance and return of the summons in this action, as well as a defective^ levy of the warrant of attachment.

Under the decisions of this Court, where service is by attachment of property and publication, no summons is required. In such cases it is considered a useless formality to issue a summons and have the sheriff make the return that the defendant is not to be found. Bethell v. Lee, 200 N. C., 755, 158 S. E., 493; Mohn v. Cressey, 193 N. C., 568, 137 S. E., 718; Jenette v. Hovey, 182 N. C., 30, 108 S. E., 301; Mills v. Hansel, 168 N.…