Legal Opinion

Carriker v. Miller

Court of Appeals of North Carolina

Decided August 27, 1969No. 6926SC315Published

1Opinion of the CourtParker, J.

G.S. 1-121 provides that the complaint must be filed in the clerk’s office at or before the time of the issuance of summons, "provided, that the clerk may at the time of the issuance of summons on application of plaintiff by written order extend the time for filing complaint to a day certain not to exceed twenty (20) days, and a copy of such order shall be delivered to the defendant, or defendants, at the time of the service of summons in lieu of a copy of the complaint. . . .”

Defendant appellant contends that the critical word in the above-quoted portion of the statute is the word “copy,”…

2Cases cited3 opinions

  1. Harrell v. . WelsteadSupreme Court of North Carolina · 1934
  2. Washington County v. . BlountSupreme Court of North Carolina · 1944
  3. Brantley v. SawyerCourt of Appeals of North Carolina · 1969

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