Legal Opinion

Smith v. Pacific Intermountain Express Co.

Court of Appeals of North Carolina

Decided December 19, 1978No. 7728SC85Published

1Opinion of the Court

CLARK, Judge.

In Wiles, supra, the North Carolina Supreme Court held that a summons directed to an officer of a corporation is not defective *251if the caption of the summons and the complaint clearly indicate that the corporation and not the registered agent of the corporation was the intended defendant. See, e.g., Wearring v. Belk Brothers, Inc., 38 N.C. App. 375, 248 S.E. 2d 90 (1978); West v. Reddick, Inc., 38 N.C. App. 370, 248 S.E. 2d 112 (1978); Public Relations, Inc. v. Enterprises, Inc., 36 N.C. App. 673, 245 S.E. 2d 782 (1978).

In the case sub judice, the defendant concedes, and we agree,…

2Cases cited4 opinions

  1. Gro-Mar Public Relations, Inc. v. Billy Jack Enterprises, Inc.Court of Appeals of North Carolina · 1978
  2. West v. G. D. Reddick, Inc.Court of Appeals of North Carolina · 1978
  3. Wearring v. BELK BROTHERS INC.Court of Appeals of North Carolina · 1978
  4. Smith v. Pacific Intermountain Express Co.Court of Appeals of North Carolina · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API