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Pressley v. Turner

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eBook details

  • Title: Pressley v. Turner
  • Author : Supreme Court of North Carolina
  • Release Date : January 29, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

By the express language of our statute, G.S. 1-105, the operation of a motor vehicle by a nonresident on the highways is the equivalent of the appointment of the Commissioner of Motor Vehicles as process agent for the nonresident. Neither ownership nor physical presence in the motor vehicle is necessary for valid service. It is sufficient if the nonresident had the legal right to exercise control at the moment the asserted cause of action arose. Winborne v. Stokes, 238 N.C. 414, 78 S.E.2d 171; Davis v. Martini, 233 N.C. 351, 64 S.E.2d 1; Ewing v. thompson, 233 N.C. 564, 65 S.E.2d 17; Queen City Coach Co. v. Chattanooga Medicine Co., 220 N.C. 442, 17 S.E.2d 478; Wynn v., Robinson, 216 N.C. 347, 4 S.E.2d 884. The findings of fact suffice to sustain the service of process.


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