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220 N.C. 423

17 S.E.2d 613

Bangle v. . Webb

Supreme Court of North Carolina

Decided November 26, 1941

Supreme Court of North Carolina · decided 1941-11-26

Good law ✅— No negative treatment on recordhow we know

Decided 1941-11-26

How this case has been cited

Cited by 8 later decisions — most recently March 1991

8 state decisions

40194119501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Devot, J.

¶1 The facts found by the court below are sufficient to support the ruling that the attempted service of process upon defendant Cleve Webb was invalid. Upon these facts the judgment vacating service and dismissing the action as to him must be upheld, as being in accord with the provisions of the statute, which we quote as follows:

¶2 “If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.” Sec. 4, ch. 217, Public Laws 1937; Jíichie’s N. C. Code, sec. 1808 (4).

¶3 While there was testimony tending to support a contrary view, an examination of the record discloses that the findings of fact by the court below are supported by competent evidence, and, hence, must be held conclusive and not subject to review. Schoenith, Inc., v. Manufacturing Co., ante, 390; Parris v. Fischer & Co., 219 N. C., 292, 13 S. E. (2d), 540.

¶4 Affirmed.

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