57 N.C. App. 305 - Roshelli v. Sperry’s Empirical Analysis
1982
Citation profile
44 state decisions
How this case has been cited
Cited by 46 later decisions — most recently May 2017 · most notably 86 N.C. App. 274 - Hayman v. Ramada Inn, Inc. (1987), 126 N.C. App. 432 - Matter of Mitchell (1997)
44 state decisions
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.
Relationships
Relies on Washington v. Confederated Bands & Tribes of the Yakima Indian Nation · Ingram v. Kumar · Wiles v. Welparnel Const. Co., Inc. · Guthrie v. Ray · CAROLINA PLYWOOD DISTRIBUTORS, INC. v. McAndrews
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When proper summons was not issued within five days of the filing of the complaint on 27 March 1981, the action was subject to dismissal upon motion by the defendant before the issuance of the second summons for service on the defendant. The motion to dismiss was made after the issuance and service of the second summons. The action abated upon failure to issue proper summons within five days of filing the complaint, but the action revived upon the issuance and service of summons on defendant. Therefore, the effect of the second summons, issued on 7 April 1981 for service on the named defendant and served on 13 April 1981, was to revive and commence a new action on the date of issue.”
1 later decision quote this exact passage“The Rule 4(d) provisions for an endorsement on the original summons or issuance of an alias or pluries summons apply only when the original summons was not served , and their purpose is to keep the action alive until service can be made.”
1 later decision quote this exact passagee.g. Oates v. Parker“`process must be issued and served in the manner prescribed by statute, and failure to do so makes the service invalid even though a defendant had actual notice of the lawsuit.'”
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.