#### J. J. CRAFFORD v. LaFAYETTE LIFE INSURANCE COMPANY.

(Filed 22 January, 1930.)

Appearance A a — Demurrer to complaint on ground that cause of action was not stated therein is general appearance waiving service of summons.

Where an action is begun in a general County Court of one county and the defendant is served with summons in another county, and appears and demurs to the complaint on the ground that it failed to state a cause ■of action for an amount within the jurisdiction of the Superior Court, and thereafter makes a special appearance and moves to strike out the service because the action was within the jurisdiction of a justice of the peace, and that therefore the County Court could not issue summons outside the county: Held, by appearing and demurring to the complaint the defendant waived his right to object to the service, and the County Court acquired jurisdiction whether .the action was within the jurisdiction of the Superior Court or the court of a justice of the peace.

Appeal by defendant from Crammer, J., at September Term, 1929, of AlamaNce.

Affirmed.

From judgment affirming orders of the General County Court of Alamance County, overruling its demurrer to the complaint, and denying its motion that the service of the summons be stricken out, defendant appealed to the Supreme Court.

Carroll & Carroll for plaintiff.

Varser, Lawrence, Proctor & McIntyre and Coulter, Cooper & Carr for defendant.

Pee Oueiam.

This action was begun in the General County Court of Alamance County. Plaintiff is a resident of said county. Defendant is a corporation, organized under the laws of this State, with its principal office at Lumberton, in Robeson County. The summons in the action was served on defendant in Robeson County.

It is immaterial for the purposes of this appeal, whether the General County Court of Alamance County has jurisdiction of this action, because, as plaintiff contends, the action is within the jurisdiction of the Superior Court of said county, or whether said court has jurisdiction of the action, because, as defendant contends, the action is within the jurisdiction of a justice of the peace of said county. In either case, the court had jurisdiction of the action. N. C. Code 1927, sec. 1608 (n). If the action is within the jurisdiction of the Superior Court of Ala-mance County, because the sum demanded in the complaint is $229.20, the General County Court acquired jurisdiction of the defendant by the *270service of tbe summons in Robeson County. If tbe action is not witbin tbe jurisdiction of tbe Superior Court, but is witbin tbe jurisdiction of a justice of tbe peace of Alamance County, because upon tbe allegations of tbe complaint, plaintiff is entitled to demand judgment for only $70, tbe General County Court of Alamance County acquired jurisdiction of defendant, when it appeared and demurred to tbe complaint, on tbe ground that tbe facts stated therein are not sufficient to constitute a cause of action upon wbicb plaintiff is entitled to recover tbe sum of $229.20. By its appearance in tbe action, for tbe purpose of filing a demurrer to tbe complaint, defendant waived tbe defective service of tbe summons, because made in Robeson County, if tbe action is not witbin tbe jurisdiction of tbe Superior Court of Alamance County. Motor Co. v. Reaves, 184 N. C., 260, 114 S. E., 175. Tbe subsequent special appearance of tbe defendant for tbe purpose of its motion tbat tbe service be stricken out, was too late. Tbe General County Court of Alamance County bad theretofore acquired jurisdiction of defendant when it appeared and filed its demurrer to tbe complaint.

On this record, tbe General County Court of Alamance County has jurisdiction of tbe defendant, whether tbe plaintiff upon tbe allegations of bis complaint has stated a cause of action for $229.20, as contended by him, or whether be has stated a cause of action for only $70, as contended by defendant. Tbe merits of these contentions are not presented by this appeal. We decide only tbat there is no error in tbe judgment of the Superior Court, affirming tbe orders of tbe General County Court of Alamance County. Tbe judgment is

Affirmed.