North State Finance Co. v. Leonard

Appeal of H. L. Leonard

H. L. Leonard’s assignments of error are based on his exceptions (1) to the court’s finding that he “was served with summons and other process ... on July 30, 1960,” and (2) to the judgment.

When the return shows legal service by an authorized officer, nothing else appearing, the law presumes service. The service is deemed established unless, upon motion in the cause, the legal presumption is rebutted by evidence upon which a finding of nonservice is properly based. Downing v. White, 211 N.C. 40, 188 S.E. 815; Smathers v. Sprouse, 144 N.C. 637, 57 S.E. 392. Upon hearing…