Bangle v. . Webb

17 S.E.2d 613, 220 N.C. 423, 1941 N.C. LEXIS 554

• Court: Supreme Court of North Carolina
• Decided: November 26, 1941
• Status: Published

Opinion

Devot, J.

The facts found by the court below are sufficient to support the ruling that the attempted service of process upon defendant Cleve Webb was invalid. Upon these facts the judgment vacating service and dismissing the action as to him must be upheld, as being in accord with the provisions of the statute, which we quote as follows:

“If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.” Sec. 4, ch. 217, Public Laws 1937; Jíichie’s N. C. Code, sec. 1808 (4).

While there was testimony tending to support a contrary view, an examination of the record discloses that the findings of fact by the court below are supported by competent evidence, and, hence, must be held conclusive and not subject to review. Schoenith, Inc., v. Manufacturing Co., ante, 390; Parris v. Fischer & Co., 219 N. C., 292, 13 S. E. (2d), 540.

Affirmed.