Tinker v. . Rice Motors, Inc.

This is a motion to set aside tbe purported service of process and to dismiss tbe action. Tbe motion was allowed upon tbe following facts, wbicb were found by tbe trial j’udge.

The plaintiff was indebted to tbe defendant on certain notes; also on agreements for tbe conditional sale of personal property. In January, 1929, J. E. Pierce, upon whom process in tbe present action was served, came to Buncombe County and made an effort to collect tbe amount due by tbe plaintiff to tbe defendant. Failing to mate tbe collection be caused warrants to be issued charging the plaintiff with tbe felonious…