Legal Opinion

Matter of Estate of Cox

Court of Appeals of North Carolina

Decided June 6, 1978No. 7729SC622PublishedCited by 4 opinions

1Opinion of the Court

MARTIN, Judge.

The question presented by this appeal is whether the trial court erred in concluding that service of process by registered or certified mail, pursuant to G.S. 1A-1, Rule 4(j)(9)(b), is invalid if not personally signed by the party upon whom service of process is sought.

G.S. 1A-1, Rule 4(j)(9)(b) provides:

“(9) Alternative Method of Service on Party That Cannot Otherwise Be Served or Is Not Inhabitant of or Found Within State. — Any party that cannot after due diligence be served within this State in the manner heretofore prescribed in this section (j), or that is not an…

2Cases cited2 opinions

  1. North State Finance Co. v. LeonardSupreme Court of North Carolina · 1964
  2. Lewis Clarke Associates v. ToblerCourt of Appeals of North Carolina · 1977

3Cited by4 opinions

  1. Sellers v. MortonCourt of Appeals of North Carolina · 2008
  2. Smith v. American Radiator & Standard Sanitary Corp.Court of Appeals of North Carolina · 1978
  3. Hocke v. HanyaneCourt of Appeals of North Carolina · 1995
  4. In re K.N.Court of Appeals of North Carolina · 2007

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