Hall v. Lassiter

VAUGHN, Judge.

Plaintiff concedes that the summons was not served in compliance with Rule 4(j)(l)a of the Rules of Civil Procedure “[b]y delivering a copy of the summons and of the complaint to him or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion residing there. . . .” Plaintiff, nevertheless, suggests that under the philosophy expressed in Wiles v. Construction Co., 295 N.C. 81, 243 S.E. 2d 756 (1978), actual notice of the suit cures deficiencies in service of process in the absence of a showing that…