Philpott v. Johnson

WEBB, Judge.

We hold it was error for the superior court to quash the service of summons and we reverse.

The defendant first contends that since the judge of superior court entered the order quashing the service without any findings of fact and without a request for findings that the superior court judgment is deemed to be supported by the proper findings and the plaintiff is precluded from challenging them. Sherwood v. Sherwood, 29 N.C. App. 112, 223 S.E. 2d 509 (1976) holds that on a motion to dismiss for insufficiency of process where the trial court entered an order without making findings…