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← 160 N.C. App. 701 - Cotton v. Jones

160 N.C. App. 701 - Cotton v. Jones’s Empirical Analysis

2003

Citation profile

10
cited by 10 later decisions
1
states following
June 2018
most recently cited

10 state decisions

Relationships

Relies on Sink v. Easter · 72 N.C. App. 155 - County of Wayne Ex Rel. Williams v. Whitley · 44 N.C. App. 584 - Fountain v. Patrick · 13 N.C. App. 166 - Edwards v. Edwards · 18 N.C. App. 65 - Phillips v. Phillips

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “01) Service by publication on party that cannot otherwise be served. — A party that cannot with due diligence be served by personal delivery, registered or certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502 (f)(2) may be served by publication. Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and circulated in the area where the party to be served is believed by the serving party to be located, or if there is no reliable information concerning the location of the party then in a newspaper circulated in the county where the action is pending. If the party’s post-office address is known or can with reasonable diligence be ascertained, there shall be mailed to the party at or immediately prior to the first publication a copy of the notice of service of process by publication. The mailing may be omitted if the post-office address cannot be ascertained with reasonable diligence. Upon completion of such service there shall be filed with the court an affidavit showing the publication and mailing in accordance with the requirements of G.S. 1-75.10(a)(2), the circumstances warranting the use of service by publication, and information, if any, regarding the loca”
    4 later decisions quote this exact passage
  2. “Failure to file an affidavit showing the circumstances warranting the use of service by publication is reversible error.”
    2 later decisions quote this exact passage
  3. “no affidavit showing the circumstances warranting a use of service by publication, or showing [DSS's] due diligence in attempting to locate defendant.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.