Legal Opinion

Smith v. Quinn

Supreme Court of North Carolina

Decided April 5, 1989No. 422PA88PublishedCited by 18 opinions

1Opinion of the Court

MARTIN, Justice.

On 7 March 1986, within a week of the expiration of the applicable statute of limitations, plaintiff filed a complaint alleging that she had been injured when she slipped and fell on premises leased from defendant. Plaintiff timely caused summons to issue, but waited until 7 April 1986 to deliver it to the sheriff. The same day the summons was returned unserved. Plaintiff secured the endorsement of the summons by the clerk, extending the period for service an additional thirty days, but did not subsequently deliver the summons to the sheriff for service. On 7 May 1986, 1…

2Cases cited5 opinions

  1. Schloss v. JamisonSupreme Court of North Carolina · 1962
  2. Estrada v. BurnhamSupreme Court of North Carolina · 1986
  3. Malcolm Veazey v. Young's Yacht Sale and Service, Inc., Volvo Penta and Morgan YachtCourt of Appeals for the Fifth Circuit · 1981
  4. Smith v. StarnesSupreme Court of North Carolina · 1986
  5. Smith v. QuinnCourt of Appeals of North Carolina · 1988

3Cited by18 opinions

  1. Henderson v. Wachovia Bank of North Carolina, N.A.Court of Appeals of North Carolina · 2001
  2. Foy v. HunterCourt of Appeals of North Carolina · 1992
  3. James River Equipment, Inc. v. Tharpe's Excavating, Inc.Court of Appeals of North Carolina · 2006
  4. Stocum v. OakleyCourt of Appeals of North Carolina · 2007
  5. Kerik v. Davidson CountyCourt of Appeals of North Carolina · 2001

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