...limitations — improper retroactive extension of time to issue alias and pluries summons The trial court did not err by granting defendant's motion for summary judgment on the basis of...issue the alias and pluries summons under N.C.G.S. § 1A-1, Rule 6(b) when the action was discontinued and plaintiffs failed to obtain an endorsement or issuance of an alias and pluries summons within...barred by the statute of limitations. A summons in this action was issued 18 January 2002 and returned unserved on 21 March 2002. On 14 May 2002, an alias and pluries summons was issued (116 days after the...

...negligence action against defendant for personal injuries sustained during the accident. Plaintiff issued an alias and pluries summons on 7...September 2006, which was served on defendant on 8 November 2006 via certified mail. On 22 November 2006, plaintiffs issued a subsequent alias and pluries summons that was never served on defendant. Defendant...without prejudice. Plaintiffs re-filed their complaint on 13 March 2007. Plaintiffs issued an alias and pluries summons on 9 June 2007 that was served on defendant on 23 June 2007. Plaintiffs sent a...

..., the trial court correctly granted a motion to dismiss a negligence action where personal service was not obtained in the original action; an alias and pluries summons was issued but service was...obtained 62 days after issuance rather than within the required 60; another alias and pluries summons was never served; a voluntary dismissal was taken; and the action was re-filed with proper service but...defendant for personal injuries sustained during the accident. Plaintiff issued an alias and pluries summons on 7 September 2006, which was served on defendant on 8 November 2006 via certified mail. On 22...

...court erred by mistakenly believing that it did not have the discretion to consider plaintiffs' motions to extend the time for service of the summons, and the case is remanded to the trial court to consider whether to exercise its discretion to extend the time based on the inquiry of excusable neglect in regards to serving a dormant summons because: (1) although the alias and pluries summons...defendants. Plaintiffs did not serve these summonses on either defendant. On 29 August 2002, the Clerk of Court issued separate alias and pluries summonses for each defendant. On 14 November 2002, plaintiffs' counsel mailed a copy of the summons and....2d 595, 600 (1988). The alias and pluries summons was issued on 29 August 2002. Under Rule 4(c) of the Rules of Civil Procedure, plaintiffs were required to serve the summons...

...defendant were involved in an automobile accident on 26 January 1978, where plaintiff filed a complaint on 31 December 1980, where plaintiff attempted to serve her complaint and summons on defendant and then attempted to serve several alias and pluries summons.... On 26 January 1978 an automobile accident occurred involving the above parties. On 31 December 1980 a complaint was filed and summons issued naming as defendants Sherrie Sapp Whitaker and Charles Kendall Whitaker. The complaint and summons were returned unserved on 2 January 1981. An alias and pluries summons...alias and pluries summons and complaint on Shirley Sapp Whitaker she pointed out her name was not Sherrie, but her daughter's name was Sherrie. The deputy marked through the name Sherrie, wrote in...

...summons issued 92 days after original summons — action discontinued — no authority of court to extend time for filing The trial court did not err in dismissing plaintiff's case on the ground that it did not have authority to extend the time for issuing the alias and pluries summons...so that it would relate back to the original summons, since the action was discontinued when the alias and pluries summons was...defendant on 19 March 1987. A summons was issued 15 March 1990 and returned unserved on 27 March 1990. On 15 June 1990, an alias and pluries summons was issued (92 days after the issuance of the...

...of the issuance of the original summons. N.C. Gen. Stat. 1A-1, Rule 4(c). The summons may be kept alive by obtaining an extension or by the filing of an alias and pluries summons which must be done...within ninety (90) days of the issuance of the original summons. N.C. Gen. Stat. § 1A-1, Rule 4(d)(1). Such alias and pluries may be reissued indefinitely until service is completed upon the defendant. Id. If a defendant has not been served with a summons within...(60) days of the issuance of the summons and an alias and pluries summons is not obtained within (90) days of the issuance of the...

...attempted service of Defendant through Duke University was returned unserved with an indication that Defendant was no longer at Duke. On 31 July 2009, Plaintiff had issued an alias and pluries summons from...limitations because the alias and pluries summons was issued more than ninety days after the issuance of the original summons, such that the action was deemed commenced on 31 July 2009 — one hundred...the sixty-day period allowed for service following the initial issuance of a summons may continue the action by suing out an alias and pluries summons. N.C. Gen. Stat. § 1A-1, Rule 4(d) (2009). "Such...

...due to defendant's alleged negligence. A civil summons was issued on 25 July 2001 and returned unserved on 20 August 2001. An alias and pluries summons was issued against defendant on 10 September...2002. A second alias and pluries summons was issued against defendant on 18 October 2002. On 22 November 2002, plaintiff's attorney filed an affidavitstating that defendant received a copy of the second...alias and pluries summons on 2 November 2002. On 14 November 2002, defendant answered the complaint and moved the court for dismissal based on plaintiff's failure to comply with...

...filing a new civil summons and complaint. Plaintiff alleged breach of contract, breach of express warranty, and negligence claims. Neither defendant was served with the 31 March 2004 summons. An alias and pluries summons...was issued on 2 July 2004, ninety-three days after the filing of the original summons. Another alias and pluries summons was issued on 30 July 2004. Defendants were served via...issue on appeal is whether the trial erred by dismissing plaintiff's claims against defendants. III. Alias and Pluries Summons Plaintiff...

...that neither an endorsement nor an alias and pluries summons was issued within ninety days after the 31 July filing date of the original complaint and summonses. By order filed 1... to serve a dormant summons where no alias and pluries summons has been obtained. In the court below, the trial court concluded when neither an...endorsement nor an alias and pluries summons was issued within ninety days of the original filing that the action was discontinued pursuant to Rule 4(e), and that the court had no authority to grant the...

.... On the same day the Complaint was filed, May 29, 2007, Plaintiff caused an Alias and Pluries Summons to be issued. On August 2, 2007, Plaintiff renewed her Alias and Pluries Summons. This August 2..., 2007 renewal came within ninety (90) days of her May 29, 2007 Alias and Pluries Summons. On November 2, 2007, however, Plaintiff again renewed her Alias and Pluries Summons. This November 2, 2007...renewal came ninety-two (92) days after the August 2, 2007 Alias and Pluries Summons had been issued. On November 7, 2007, after the Alias and Pluries Summons had been renewed on...

...the validity of the initial summons, and plaintiff's subsequent efforts to revitalize the action by summons and alias and pluries summons under G.S. 1A-1, Rule 4 (d) were to no avail..., plaintiff caused a summons and alias and pluries summons to be issued on 6 October 1976. Both documents were served on defendant. In response, defendant made motions to dismiss and for summary judgment...discontinued when it failed to serve defendant with a proper summons within the three-year limitation period. Thereafter, plaintiff's efforts to revitalize the action by summons and alias and pluries summons...

...Carteret County visiting his sister; and defendant was personally served with an alias and pluries summons and a copy of the complaint. The initial summons was not fatally defective in that it was...possibility of misunderstanding as to the true defendant, and the alias and pluries summons related back to the date of the original summons and was therefore timely filed since the original summons was...vehicles]. On 7 July 1987, plaintiff's attorney learned that defendant was in Carteret County visiting his sister. The next day defendant was personally served with an alias and pluries summons and...

...alias and pluries summons issued, where plaintiffs named as corporate defendant "L'eggs Products, Inc." but initially directed the summons to the registered agent for "Leggs, Inc.," an unrelated...effort, a search of the appropriate records would have revealed only the erroneous description of L'eggs Products as an assumed name of Consolidated Foods; and service of an alias and pluries summons was...of 1985 was filed with the Richmond County Register of Deeds. On 14 August 1985, an Alias and Pluries Summons was issued, and directed to be served on "L'eggs Products, Inc., c...

...The denial of defendant's motion under Rule 41(b) to dismiss on the ground that plaintiff's alleged noncompliance with rules pertaining to service of summons and the issuance of an alias and pluries summons...required by Rule 4 and the action was discontinued pursuant to Rule 4(e) because there was no endorsement to the original summons and no issuance of alias and pluries summons within 90 days. N.C. Gen. Stat...jurisdiction, but rather whether the plaintiff's non-compliance with the rules requiring the service of summons and the issuance of alias and pluries summons within certain time periods constituted...

.... Rules of Civil Procedure 4 — alias and pluries summons unserved — action discontinued — service by publication — no revival of action Where the last alias and pluries summons, issued on 23 April 1981...revived an otherwise discontinued action. The chronology of events heretofore set out discloses that the last alias and pluries summons, issued on 23 April 1981, was not served within 90 days, so the...the action, and that revival could be accomplished only by the issuance of alias or pluries summons or endorsement of the last valid summons. . . . We think...

.... Where an alias and pluries summons was properly served upon the Secretary of State, service as to defendant was effective. Where defendant concedes that an argument brought forth on..., plaintiff sent an alias and pluries summons to the North Carolina Secretary of State. The Secretary of State's Office forwarded the summons to defendant's registered office, but the summons was again returned...defendant with the summons. Specifically, defendant argues that because plaintiff's summons “lay dormant from 16 December 2013 until the alias and pluries summons was issued on 17 January 2014...

...on 26 August 2022. Plaintiff sought an alias and pluries summons, which was issued on 8 March 2022. Plaintiff did not serve this alias and pluries summons or the complaint on...Defendants. Plaintiff sought a second alias and pluries summons, which issued on 2 June 2022. Plaintiff served the second alias and pluries summons on Raleigh Diocese on 27 June 2022 and on Catholic...: - 5 - "The complaint and summons shall be delivered to some proper person for service." N.C. Gen. Stat. § 1A-1, Rule 4(a) (2023). Plaintiff extended the time allowed for service twice by serving alias and pluries summonses...