#### ETHEL REICH v. HOME MORTGAGE CORPORATION.

(Filed 12 April, 1933.)

Appeal by defendant from Stack, J., at September Term, 1932, of Eoksyth.

Civil action to recover penalty for usury.

Tbe defendant being a foreign corporation, service of summons was sought to be obtained through tbe Secretary of State as provided by C. S., 1137.

Tbe defendant entered a special appearance and moved to dismiss tbe action for want of proper service.

Upon evidence sufficient to support tbe findings, tbe court found “that tbe defendant owned property and was doing business at, before and since tbe starting of tbis suit and tbe service of said process, in tbe State of North Carolina,” and upon such findings overruled tbe motion to dismiss. Defendant appeals, assigning errors.

Hoyle G. Bipple for plaintiff.

Efird & Liipfert for defendant.

Pee Cubiam.

Affirmed on authority of Lunceford v. Association, 190 N. C, 314, 129 S. E., 805, R. R. v. Cobb, 190 N. C., 375, 129 S. E., 828. See note, Yale Law Journal (April, 1927), page 882.

Affirmed.