Whitehurst v. . Anderson
Cases that cite this one
3 later published cases cite this decision.
- Parrish v. PIEDMONT PUBLISHING COMPANY (N.C. 1967)
- Roberts v. Coca-Cola Bottling Co. of Asheville, Inc. (N.C. 1962)
- State v. Smith (N.C. 1955)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe question posed for decision is tbis: Where a summons in proper form, together witb an order extending tbe time for filing complaint, is served on tbe defendants, but such order does not state tbe nature and purpose of tbe suit as provided by Gr. S. 1-121, is tbe service fatally defective and therefore insufficient to bring tbe defendants into court, or is such defect a mere irregularity subject to correction by amendment?
Tbe Court, one member not sitting, being evenly divided in opinion as to tbe correct answer, tbe judgment of the Superior Court is affirmed, accordant witb tbe usual practice in such cases, and stands as tbe decision in tbis case, without becoming a precedent. Toxey v. Meggs, 216 N. C., 798, 4 S. E. (2d), 513; Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 616.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.