Legal Opinion

Thrush v. Thrush

Supreme Court of North Carolina

Decided April 17, 1957Published

1Opinion of the CourtRodmaN, J.

Plaintiff is not here represented by counsel. No suggestion is made that the consent order signed by Judge Frizzelle puts at rest the validity of the attachment and the service of process.

Defendant asserts that the judgment is erroneous for that personal service of process was ineffective because by public policy he was exempt from such service, and the statute, G.S. 1-440.7, is mandatory in its requirement that publication must begin not later than the thirty-first day after the issuance of the order of attachment; hence, Judge Bundy was without authority, more than eighteen months after the…

2Cases cited11 opinions

  1. Cooper v. . WymanSupreme Court of North Carolina · 1898
  2. Dell School v. PeirceSupreme Court of North Carolina · 1913
  3. School v. . PeirceSupreme Court of North Carolina · 1913
  4. Price v. . CoxSupreme Court of North Carolina · 1880
  5. Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921

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