Dunn v. . Wilson

Service of summons or original process, unless waived, is a jurisdictional requirement. Stancill v. Gay, 92 N. C., 462. Hence, a judgment in personam rendered against a defendant without voluntary appearance or service of process is void. Guerin v. Guerin, 208 N. C., 57, 181 S. E., 274; Harrell v. Welstead, 206 N. C., 817, 175 S. E., 283; Armstrong v. Harshaw, 12 N. C., 187. If the defect appear on the face of the papers, or is discernible from an inspection of the record, the judgment may be treated as a nullity, vacated on motion, or attacked collaterally. Graves v. Reidsville, 182 N. C.,…