Smith v. Starnes

I dissent. There are two extraordinarily grievous faults in the majority opinion. First, Rule 4 of the North Carolina Rules of Civil Procedure was applied incorrectly. The rule provides for service of summons by designated methods. Our cases have consistently declared: “ ‘[WJhere a statute provides for service of summons or notices in the progress of a cause by certain persons or by designated methods, the specified requirements must be complied with or there is no valid service.’ ” Guthrie v. Ray, 293 N.C. 67, 69, 235 S.E. 2d 146, 148 (1967) (quoting S. Lowman v. Ballard & Co., 168 N.C. 16,…