Suskin v. Maryland Trust Co.

196 S.E. 407, 213 N.C. 388, 1938 N.C. LEXIS 98

• Court: Supreme Court of North Carolina
• Decided: April 13, 1938
• Status: Published

Opinion

Stacy, C. J.

It may be conceded tbat wben the defendants first appeared specially and moved to dismiss for want of any valid service of process, their position was perhaps well taken, no attachment having issued, Winfree v. Bagley, 102 N. C., 515, 9 S. E., 198, and had the matter rested there, a dismissal would have been in order. Finch v. Slater, 152 N. C., 155, 67 S. E., 264. However, without presently passing upon the defendants’ motion to dismiss, a new order for publication of summons and warrant of attachment was issued upon the affidavit already filed. This was permissible under the decisions, Rushing v. Ashcraft, 211 N. C., 627, 191 S. E., 332, and it appears to have cured the original defects. Jenette v. Hovey, 182 N. C., 30, 108 S. E., 301; Mills v. Hansel, 168 N. C., 651, 85 S. E., 17.

The validity of the service of process is the only question presented by the appeal. Denton v. Vassiliades, 212 N. C., 513; Motor Co. v. Reaves, 184 N. C., 260, 114 S. E., 175. Whether there was error in any other respect is not before us.

The record is not such as to require a disturbance of the judgment.

Affirmed.