Ridge v. Wright
Ridge v. Wright
Opinion of the Court
Each defendant assigns as error the refusal of the trial court to grant his motion (s) to dismiss the action (s) as to him because of defective service of process or, in the alternative, to quash the purported service of process as to him.
One of the reasons argued by defendants that the purported service of process was defective is that plaintiffs failed to file
Without the affidavits of compliance and other documents required by G.S. 1-105(3), clearly the service of process was defective. We think the ends of justice require that in our discretion we vacate the portions of the orders appealed from denying defendants’ motions to dismiss or, in the alternative, to quash the service of process, and remand the causes to the superior court for another hearing on defendants’ motions asking for that relief. It is so ordered. Watkins v. Grier, 224 N.C. 334, 30 S.E. 2d 219 (1944) ; In re Will of Herring, 19 N.C. App. 357, 198 S.E. 2d 737 (1973).
Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.