Edwards v. Edwards

MORRIS, Judge.

The primary question presented by this appeal is whether the court lacked jurisdiction over the defendant for failure of plaintiff properly to obtain service of process on defendant.

The summons issued was returned by the sheriff bearing only the notation “Not to be found.” Upon this return, plaintiff proceeded to attempt to obtain service by publication. Defendant concedes that this is a case in which service by publication can be had.

G.S. 1A-1, Rule 4(j) (9) (c) provides:

“Service by publication — A party subject to service of process under this subsection (9) may be served by…