Crawford v. Aetna Casualty & Surety Co.

VAUGHN, Judge.

Ex-Cell-0 Corporation was not served with sufficient legal process and the court did not, therefore, have jurisdiction over that particular entity. The trial court erred in denying Ex-Cell-O’s motion to dismiss pursuant to Rule 12(b) of the North Carolina Rules of Civil Procedure. G.S. 1A-1, Rule 12(b)(2)(4)(5). Ex-Cell-0 was not made a party to the action commenced by plaintiff.

In Wiles v. Construction Co., 295 N.C. 81, 243 S.E. 2d 756 (1978), the Supreme Court, in overruling a long line of its cases, held that where the direction of the summons is to the corporation’s…