Webb v. Seaboard Air Line R. Co., 544
| Citation | 268 N.C. 552,151 S.E.2d 19 |
| Decision Date | 23 November 1966 |
| Docket Number | No. 544,544 |
| Court | North Carolina Supreme Court |
| Parties | Joan K. WEBB, Administratrix of Isaac N. Sturdivant v. SEABOARD AIR LINE RAILROAD COMPANY, Charley Grimes, George R. Thomas and NellieC. Thomas. |
Griffin & Perry, Monroe, for plaintiff.
Smith & Griffin, Monroe, for defendant George R. Thomas.
Richardson & Dawkins, Monroe, and Cansler & Lockhart, Charlotte, for defendant Seaboard Air Line Railroad Co.
G.S. § 1--89 provides, in pertinent part: 'Summons must be served by the sheriff to whom it is addressed for service within (20) days after the date of its issue.'
G.S. § 1--95 contains the following:
The record does not reveal that there was any endorsement by the Clerk of Superior Court on the original summons or any issuance of alias or pluries summons pursuant to G.S. § 1--95. The original summons was not served within twenty days of its issue. This summons had lost its vitality and was Functus officio when the Sheriff served it. There is no authority in the statute for the service of this summons after the date fixed for its return. Green v. Chrismon, 223 N.C. 724, 28 S.E.2d 215.
The plaintiff contends that the paper writing entitled 'Summons' issued by him as to both defendants on 18 February 1966 constituted an alias summons or extension of the summons issued on 1 February 1966. We cannot agree with this contention. An alias or pluries summons improperly issued as such may still be sufficient as an original summons. But when it is desired that the action shall date from the date of issuance of the original summons, or when it...
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