Legal Opinion

Wearring v. BELK BROTHERS INC.

Court of Appeals of North Carolina

Decided October 17, 1978No. 7726SC955PublishedCited by 5 opinions

1Opinion of the Court

MITCHELL, Judge.

The plaintiffs sole assignment of error is directed to the trial court’s determination that there was insufficient service of process. In support of this assignment, the plaintiff argues that the summons was not fatally defective even though the directory paragraph contained the name of an officer of the defendant corporation instead of the name of the corporation itself since the caption contained the correct name of the defendant corporation.

The purpose of a summons is to give notice to a person to appear at a certain place and time to answer a complaint against him. 83…

2Cases cited2 opinions

  1. Wiles v. Welparnel Const. Co., Inc.Supreme Court of North Carolina · 1978
  2. Gro-Mar Public Relations, Inc. v. Billy Jack Enterprises, Inc.Court of Appeals of North Carolina · 1978

3Cited by5 opinions

  1. Franklin v. Winn Dixie Raleigh, Inc.Court of Appeals of North Carolina · 1994
  2. Latham v. CherryCourt of Appeals of North Carolina · 1993
  3. Bentley v. Watauga Building Supply, Inc.Court of Appeals of North Carolina · 2001
  4. Franklin v. Winn Dixie Raleigh, Inc.Court of Appeals of North Carolina · 1994
  5. Smith v. Pacific Intermountain Express Co.Court of Appeals of North Carolina · 1978

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