Public-domain · open source
OpenJurist

72 N.C. App. 1

323 S.E.2d 410

Shelton v. Fairley

Court of Appeals of North Carolina

Decided December 18, 1984

Court of Appeals of North Carolina · decided 1984-12-18

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-18

How this case has been cited

Cited by 35 later decisions — most recently March 2017 · most notably 113 N.C. App. 589 - Sharp v. Teague (1994), 110 N.C. App. 531 - Northwestern Financial Group, Inc. v. County of Gaston (1993)

3 federal appellate · 28 state decisions

1901984199020002010decided

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.

View the full empirical analysis of this case →

Judge Phillips

¶1concurring.

¶2I agree with all that is stated in the well-reasoned opinion of the majority except that defendants Fairley, Monteith and Cobb were not served with process until they received copies of the alias and pluries summons issued on June 7, 1983. In my opinion, these defendants were duly served in July, 1982, when the summons for each of them was delivered to and accepted by their partner in the very offices where all of them practiced law together. The only purpose of the rules concerning the modes of serving process is to guarantee that defendants are notified in *15some appropriate way of lawsuits filed against them. Since a defendant is duly served when a summons is left with some “discreet” adolescent at his house, it is inconceivable to me that he is not also served when the summons is delivered to his law partner at their place of business. When the purposes of the statute have been accomplished, as certainly was the case with these three defendants, reality, rather than technical wording, should control.

/72/ncapp/1 · .json · Public domain