Hodges v. Home Ins. Co. of New York

WiNBORNE, <7.

On Defendants’ Appeal: The question here is whether the commissioner of insurance of North Carolina is authorized to accept ■or waive service of summons in an action against a foreign insurance ■company doing business in this State. The statute, Article 17 of Chapter 58 of the General Statutes, indicates a negative answer.

Substituted service of process was unknown to common law, but depends upon statutory authorization. And a strict compliance with the provisions of such statute must be shown in order to support a judgment based on such substituted' service. The inquiry must be…