Morton v. Blue Ridge Insurance Company

Summons was issued 17 March, 1959, by the clerk of the Superior Court of Carteret County (hereinafter referred to as clerk), directed to the sheriff of Cleveland County. There is no contention that the summons did not fully comply with the formal requirements- of G.S. 1-89. The clerk sent the summons to the sheriff of Cleveland County. It was returned by the sheriff to the clerk without any notation or entry thereon. An accompanying letter from the sheriff gave information that defendant was not in Cleveland County but was in Mecklenburg County.

The clerk did not endorse on the summons an…