State v. Johnson , 278 N.C. 126 ( 1971 )

Chief Justice Bobbitt

concurring.

I concur in the decision and all of the Court’s opinion except the portion thereof which holds that, by reason of the proviso in G.S. 43-10, “the recital of the service of summons and publication in the decree or in the final judgment” shall be “conclusive evidence thereof,” notwithstanding the court file discloses affirmatively that such service was not made. Although I disagree as to this particular point, other grounds set forth in the Court’s opinion amply support the decision.

Justice Sharp joins in this concurring opinion.