Legal Opinion

Southern Mills, Inc. v. . Armstrong

Supreme Court of North Carolina

Decided October 20, 1943PublishedCited by 5 opinions

1Opinion of the CourtScheNck, J.

The question posed by this appeal is: Was the personal service on a resident, one of three directors of a domestic corporation, and service by publication upon two nonresidents, the other two directors of such corporation, sufficient to subject said two nonresidents to the jurisdiction of the court? We think, and so hold, that the answer is in the negative.

Due service of process is necessary to subject a party to the jurisdiction of the court. Only personal service was recognized at common law, and when substituted service is authorized by statute it is strictissimi juris, and being of rigid…

2Cases cited7 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Winfree v. . BagleySupreme Court of North Carolina · 1889
  3. Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
  4. Stanton v. ThompsonSupreme Court of Missouri · 1911
  5. Bacon v. . JohnsonSupreme Court of North Carolina · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Newell v. NewellIdaho Supreme Court · 1956
  2. Scott Co. v. Jones Hooker v. JonesSupreme Court of North Carolina · 1949
  3. Bekins v. Bekins Van & Storage Co.Court of Appeals for the Fifth Circuit · 1954
  4. State v. BowesCourt of Appeals of North Carolina · 2003
  5. State v. BowesCourt of Appeals of North Carolina · 2003

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