Spartan Leasing, Inc. v. Brown

GRAHAM, Judge.

The question on appeal is: Did defendants, by obtaining an enlargement of time in which to “file answer, motion or other pleadings,” waive their right under G.S. 1A-1, Rule 12, to move to dismiss the action for lack of jurisdiction over the person? We hold that they did not.

Before the adoption of G.S. 1A-1, Rule 1, et seq., objection to jurisdiction over the person could be presented by motion or answer and the making of other motions or the pleading of other defenses simultaneously did not waive the objection. However, the objection was waived if any motion was made or answer…