NC General Statutes
N.C. Gen. Stat. § 1-99 (2026)
Repealed by Session Laws 1967, c. 954, s. 4
✓ current as of July 2026
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§§ 1-99.1 through 1-99.4. Repealed by Session Laws 1971, c. 1093, s. 19.
§§ 1-100 through 1-104. Repealed by Session Laws 1967, c. 954, s. 4.
Notes of Decisions
Cited in 9
cases, 1946–1965 · leading case: McLean v. McLean, 63 S.E.2d 138 (N.C. 1951).
McLean v. McLean, 63 S.E.2d 138 (N.C. 1951). “Upon this conclusion from the facts in evidence, the Judge denied defendant's motion to set aside the judgment, and the defendant appealed to the Superior Court assigning the ruling and order of the court as error. We note that Judge Harris in the Superior Court was of opinion…”
Harrison v. Hanvey, 143 S.E.2d 593 (N.C. 1965). “Prior to its repeal in 1953, G.S. 1-99, in specifying the manner of publication, required the clerk of the superior court to direct the publication of the notice “in one or two newspapers to be designated as most likely to give notice to the person to be served.”
Simmons v. . Simmons, 45 S.E.2d 124 (N.C. 1947). “, 1-98, nor G. S., 1-99, requires the applicant to swear to the merits of his cáuse of action' — only to sa,y that he has one and the purpose thereof.”
Scott Co. v. Jones Hooker v. Jones, 52 S.E.2d 219 (N.C. 1949). “The statute, G.S. 1-99, prescribes that service of summons by publication shall be for “not less than once a week for four successive weeks,” and in like manner the notice of attachment must be published once a week for four consecutive weeks.”
Smith v. Smith, 226 N.C. 506 (N.C. 1946). “Also, there is no specific requirement of the statute, G. S., 1-99, that an order for the publication of notice of summons state that the newspaper in which the publication is ordered to be printed is the one “most likely to give notice to -the person to be served.”
Trinity Methodist Church v. Miller, 132 S.E.2d 688 (N.C. 1963). “4, and an order -for such service has been issued pursuant to G.S. 1-99, it shall be sufficient for service of process outside the State to mail the original and a copy of the process, together with a copy of such pleading or affidavit, to the 'sheriff or other process officer…”
In Re the Est. of Smith, 37 S.E.2d 127 (N.C. 1946). “In order to meet the charge of lack of proper service in the divorce case the executor sought and obtained an order from the Clerk of Martin Superior Court permitting an amendment nunc pro tunc to the order of publication in the case of John W.”
McLean v. McLean, 63 S.E.2d 138 (N.C. 1951). “We note tbat Judge Harris in tbe Superior Court was of opinion tbat tbe affidavit attached to tbe complaint was fatally defective, but this conclusion is not borne out by tbe record.”
Lane Trucking Co. v. Haponski, 133 S.E.2d 192 (N.C. 1963). “” See G.S. 1-99. A-pairt from the foregoing, service in accordance with G.”
N.C. Gen. Stat. § 1-99(1): 1 case
Harrison v. Hanvey, 143 S.E.2d 593 (N.C. 1965). “Prior to its repeal in 1953, G.S. 1-99, in specifying the manner of publication, required the clerk of the superior court to direct the publication of the notice “in one or two newspapers to be designated as most likely to give notice to the person to be served.”
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