Alberts v. . Alberts

Is service of summons valid where service is obtained under the provision of N. C. Code, 1939 (Michie), sections 491 (a) and 491 (b) (Public Laws 1929, ch. 75), providing for service of process upon the Commissioner of Revenue as agent for nonresident motorists where the plaintiff and the defendant are nonresidents of North Carolina and are residents of the same state and are husband and wife? ¥e think so.

The law applicable in reference to the controversy, N. C. Code, supra, section 469, in part, is as follows: “In all other cases the action must be tried in the county in which the plaintiff…