Simms v. Mason's Stores, Inc. (NC-1)

MORRIS, Judge.

Plaintiff’s assignments of error raise the following questions on appeal: (1) Whether the service of process upon defendant was ineffective and void; and (2) whether the defendant waived any objection to the jurisdiction of the court over it by obtaining an enlargement of time in which to file “answer or otherwise plead ?”

We turn first to the question dealing with the service of process. G.S. 1A-1, Rule 4(j) (6) provides:

“ (j) Process — manner of service to exercise personal jurisdiction. — In any action commenced in a court of this State having jurisdiction of the subject…