Stone v. Hicks

MARTIN (Harry C.), Judge.

We hold the order of Judge Walker must be sustained. While it is true that the conduct of a lawsuit is not a game between counsel, process must be sufficient in order to give the court jurisdiction over the parties. Defendants made their motions for dismissal well within the time in which alias and pluries summons could be issued. No additional summons was issued.

Rule 4(b) of the North Carolina Rules of Civil Procedure requires that summons “shall be directed to the defendant or defendants and shall notify each defendant to appear and answer within 30 days after its…