Sutherland v. . McLean

STACY, C. J., dissenting; ADAMS, J., concurs in dissent. The plaintiff instituted an action in Ashe County against the defendants. The appealing defendant, R. C. McLean, was at the time of the commencement of the action a citizen of Gaston County. The summons was issued out of the Superior Court of Ashe County on 17 June, 1927, and a verified complaint was duly filed on said date. The summons was served on both defendants on 20 June, 1927. When the summons and complaint were served the appealing defendant employed Mangum Denny, a firm of reputable lawyers living in Gaston County. He disclosed…