Cape Fear Railways, Inc. v. Cobb

The plaintiff, in limine, moved to dismiss the appeal as fragmentary in that it is from a refusal to dismiss the action for defective service of process, and relies upon the following cases as controlling authorities for its position. Comrs. v. Scales, 171 N. C., p. 527; Clements v. R. R., 179 N. C., 225; Capps v. R. R., 182 N. C., 758.

Plaintiff’s motion must be denied. The appeal, it will be noted, is from an order overruling a motion to dismiss, not upon the ground of irregular or defective service of summons, but for an alleged failure of any valid service of process at all, resulting in a…