Lackey v. Cook

PARKER, Judge.

Defendant contends that the trial court erred in determining that an alias summons issued more than 90 days after the original summons was issued could relate back to the date of issue of the original summons so as to keep alive the action originally instituted on 8 June 1977. We agree with the defendant’s contention and accordingly reverse.

*525The summons in this case was issued on 8 June 1977. G.S. 1A-1, Rule 4(c) provides (with certain exceptions not here pertinent relating to tax and assessment foreclosures) that “[p]ersonal service or substituted personal service of summons as…