Legal Opinion · Dissent

Franklin v. Standard Cellulose Products, Inc.

Supreme Court of North Carolina

Decided April 15, 1964No. 468Published

1DissentHiggins, J.

I agree with so much of the Court’s opinion as holds a nonresident motor vehicle driver by using the public highways of North Carolina thereby constitutes the Commissioner of Motor Vehicles a process agent for himself and his personal representative. The statute relates solely to service of process. It does not create or en*630large any cause of action. It does not modify or remove any defense. Neither a cause of action nor a defense is determined by the method by which the parties come into court. It is immaterial whether they come by personal service, service by publication, or by service on a…

2Cases cited4 opinions

  1. Cannon v. . CannonSupreme Court of North Carolina · 1947
  2. Scott v. Blades Lumber Co.Supreme Court of North Carolina · 1907
  3. Glascock v. . GraySupreme Court of North Carolina · 1908
  4. First National Bank v. PancakeSupreme Court of North Carolina · 1916

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