(DOWNLOAD) "Martin v. Georgia-Pacific Corp." by Court of Appeals of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: Martin v. Georgia-Pacific Corp.
- Author : Court of Appeals of North Carolina
- Release Date : January 18, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff concedes that the summons was not served in compliance with Rule 4(j)(1)a of the Rules of Civil Procedure "[b]by delivering a copy of the summons and of the complaint to him or by leaving copies thereof at the defendants dwelling house or usual place of abode with some person of suitable age and discretion residing there... ." Plaintiff, nevertheless, suggests that under the philosophy expressed in Wiles v. Construction Co., 295 N.C. 81, 243 S.E.2d 756 (1978), actual notice of the suit cures deficiencies in service of process in the absence of a showing that defendants opportunity to defend was hampered. In Wiles, the Supreme Court, overruling a long line of its cases, held that where the direction of the summons is to the corporations registered agent rather than the corporation, and the corporate defendant is named in the complaint and the caption of the summons, the service is not defective even though the summons is not directed to the defendant as required by Rule 4(b). We first note that the defect in Wiles was in the form of the summons and not in the manner in which it was served. Notwithstanding the broad language used by the Court, we do not believe it intended, by judicial decree, completely to abolish the clearly stated statutory requirements for the service of process in favor of some nebulous concept of actual notice.