Brantley v. Sawyer

Summons was issued by the Clerk of the Superior Court of Dare County on 26 November 1965.

“An action is commenced as to each defendant when the summons is issued against him.” G.S. 1-14. See G.S. 1-88 for exceptions thereto.

The original summons issued herein is in substantial compliance with the provisions of G.S. 1-89. Defendant abandoned his assignment of error relating thereto by not bringing it forward in his brief. See Rule 28 of the Rules of Practice in the Court of Appeals.

In G.S. 1-94 it is provided, in part, that “(t)he officer to whom the summons is addressed must note on it the day…