Brown v. Doby

Decision here requires nothing more than a determination of the two basic questions raised by the defendants’ motion to dismiss the proceeding for want of jurisdiction. In the motion, as lodged with the Clerk, the defendants assert as alternate grounds for dismissal: (1) that since they are residents of this State, the summary procedure prescribed by G.S. 115-85 for the condemnation of a school site does not sanction service of process by publication upon them; but (2), if so, in any event, the affidavit on which publication was made is fatally defective and does not confer jurisdiction for…