Byrd v. Piedmont Aviation, Inc.

The court erred in overruling the motion. Plaintiff undertook to serve summons on Bergsma under the provisions of G.S. 1-105 and G.S. 1-106. These statutes provide generally for substituted service of process upon nonresident drivers of motor vehicles. “Substituted service of process was unknown to common law, but depends upon statutory authorization. And a strict compliance with the provisions of such statute must be shown in order to support a judgment based on substituted service.” Hodges v. Insurance Co., 232 N.C. 475, 476, 61 S.E. 2d 372.

An airplane is not a “motor vehicle” within the…