Morris v. Dickson

BRITT, Judge.

Plaintiff contends that defendants purported to institute their action by filing an application for and obtaining an order extending the time within which to file complaint, and having summons issued, but that the application and order did not comply with G.S. 1A-1, Rule 3, therefore, their action was a nullity.

The pertinent part of G.S. 1A-1, Rule 3, provides: “A civil action may also be commenced by the issuance of a summons when (1) A person makes application to the court stating the nature and purpose of his action and requesting permission to file his complaint within 20…