Hubert D. Byrd, Administrator of John Franklin Sutton, Deceased v. William John Pawlick

BOREMAN, Circuit Judge:

On this appeal questions are presented as to the validity of service of process under the North Carolina nonresident motorist statute, N.C.Gen.Stat. § 1-105 (Supp.1965), and as to the refusal of the District Court to order amendment of process.

On February 5, 1963, and barely within the period fixed by the controlling statute of limitations, the administrator of John Franklin Sutton’s estate brought suit against William John Pawlick in the Superior Court of Harnett County, North Carolina, for the wrongful death of Sutton resulting from an automobile collision which had…