Moore v. Sanford, Adams, McCullough & Beard

Banke, Presiding Judge.

This is an appeal from a summary judgment for the plaintiff in a suit to domesticate a default judgment rendered against the defendant in North Carolina. The return of service in the North Carolina action specifies that the defendant was personally served in that state on June 8, 1982. However, the defendant has asserted by affidavit that to the best of his recollection he was not served personally and that, although he was in North Carolina at the time, he was not in the city of the purported service on the date of service. He thus contends that a fact question remains…