Legal Opinion

Blackwell v. Massey

Court of Appeals of North Carolina

Decided June 19, 1984No. 8319SC363PublishedCited by 36 opinions

1Opinion of the Court

PHILLIPS, Judge.

Defendant contends that the court had no jurisdiction over her person because service of process on her was not in compliance with the provisions of Rule 4 of the N.C. Rules of Civil Procedure. Though this question was not raised below, an attack upon the court’s jurisdiction is always timely and we will consider it. The basis for her contention is that though the original summons was issued on 18 January 1979, it was never endorsed, and the alias and pluries summons, eventually served on her 30 August 1980, was not issued until 27 August 1980. That the original summons was…

2Cases cited4 opinions

  1. Kidd v. EarlySupreme Court of North Carolina · 1976
  2. Caldwell v. DeeseSupreme Court of North Carolina · 1975
  3. Page v. SloanSupreme Court of North Carolina · 1972
  4. Lowe v. BradfordSupreme Court of North Carolina · 1982

3Cited by36 opinions

  1. Hylton v. KoontzCourt of Appeals of North Carolina · 2000
  2. Brooks v. Stroh Brewery Co.Court of Appeals of North Carolina · 1989
  3. Beasley v. BanksCourt of Appeals of North Carolina · 1988
  4. Duke Power Co. v. DanielsCourt of Appeals of North Carolina · 1987
  5. Home Indemnity Co. v. Hoechst Celanese Corp.Court of Appeals of North Carolina · 1998

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