County of Wayne Ex Rel. Williams v. Whitley

BRASWELL, Judge.

This case presents the question: Can in personam jurisdiction be obtained over a defendant through service of process by publication within ninety days of the issuance of the original summons, but before any issuance of an alias or pluries summons? We hold that it can. However, because the service of process by publication under G.S. 1A-1, Rule 4(j1) was insufficient in this case, jurisdiction over the defendant was not obtained and the judgment entered against him is void.

This civil action was commenced by the filing of a verified complaint and the issuance of a summons on 12…