Woodstock v. Whitaker

OPINION

By the Court,

Orr, C. J.:

This appeal requires a determination of what constitutes the issuance of summons as that term is used in section 8573 N. C. L. 1929. It is asserted that the signing and sealing of a summons by the clerk of the court and the placing of the same in the hands of the attorney for the plaintiff constitutes an issuance of the summons. On the other hand it is argued that something more must be done, namely, that the summons be placed in the hands of some person qualified to serve process, or that it pass out of the hands of the party signing and sealing it, with the…