Philpott v. Kerns

BALEY, Judge.

Statutory provisions prescribing the manner of service of process must be strictly complied with, and, unless the procedural requirements are followed, there is no valid service. Distributors v. McAndrews, 270 N.C. 91, 153 S.E. 2d 770; 62 Am. Jur. 2d, Process, § 68, p. 848.

It seems clear that the summons issued in this case was defective on its face in that it fails to designate the defendants as parties to be served and fails to command the process officer to summon them. The precise point in question was determined adversely to plaintiff in Distributors v. McAndrews, supra.

The…