Harrington v. Rice

If in fact the summons and complaint were not served on the feme defendant as prescribed by G.S. 1-94 and G.S. 1-121, the default judgment of 11 September, 1951, is void; and, since the return shows service, the appropriate procedure to set aside the judgment for nonservice was by motion in the cause. Monroe v. Niven, 221 N.C. 362, 20 S.E. 2d 311, and cases cited; Caviness v. Hunt, 180 N.C. 384, 104 S.E. 763; Stocks v. Stocks, 179 N.C. 285, 102 S.E. 306.

The motion and answer thereto raised questions of fact. It was for the court to hear the evidence, find the facts and render judgment. Monroe…