State v. Moore

Tbe appellant, in tbe affidavit filed in support of its motion, does not assert that T. S. Wood was not its local agent at tbe time of the service of tbe sci. fa. Nor does it deny that tbe sci. fa. was served on him. It excepts to tbe action of tbe court in allowing tbe sheriff to amend bis return and to tbe findings that (1) tbe return of tbe sheriff as amended cures tbe defect in tbe service, and (2) the sci. fa. was, in law, ■served on it. These exceptions are without substantial merit.

It is tbe service of summons and not tbe return of tbe officer that confers jurisdiction. G.S. 1-101. Tbe…