McLeod v. . McLeod

Supreme Court of North Carolina

McLeod v. . McLeod

29 S.E.2d 343, 224 N.C. 855, 1944 N.C. LEXIS 308

DecidedMarch 22, 1944

StatusPublished

This text of 29 S.E.2d 343 (McLeod v. . McLeod) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McLeod v. . McLeod, 29 S.E.2d 343, 224 N.C. 855, 1944 N.C. LEXIS 308 (N.C. 1944).

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Opinion

Civil action for absolute divorce upon ground of two years separation, heard upon motion, under G.S., 1-220, formerly C. S., 600, to set aside judgment rendered herein at February Term, 1943, of Wayne. But it appearing upon the face of the record that affidavit for publication of notice of summons is fatally defective for that it fails to state that "defendant cannot, after due diligence, be found in the State," the court being of opinion that the trial court acquired no jurisdiction over defendant and that hence the judgment rendered in the action is void, so adjudged, and vacated and annulled the judgment to which the motion related.

Plaintiff appeals therefrom to Supreme Court and assigns error. The record fails to show error in the judgment below. G.S., 1-98, formerly C. S., 484. Denton v. Vassiliades, 212 N.C. 513, 193 S.E. 737.

Affirmed.

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Civil action for absolute divorce upon ground of two years separation, heard upon motion, under G.S., 1-220, formerly C. S., 600, to set aside judgment rendered herein at February Term, 1943, of Wayne. But it appearing upon the face of the record that affidavit for publication of notice of summons is fatally defective for that it fails to state that "defendant cannot, after due diligence, be found in the State," the court being of opinion that the trial court acquired no jurisdiction over defendant and that hence the judgment rendered in the action is void, so adjudged, and vacated and annulled the judgment to which the motion related.

Plaintiff appeals therefrom to Supreme Court and assigns error. The record fails to show error in the judgment below. G.S., 1-98, formerly C. S., 484. Denton v. Vassiliades, 212 N.C. 513, 193 S.E. 737.

Affirmed.

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29 S.E.2d 343, 224 N.C. 855, 1944 N.C. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-mcleod-nc-1944.

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