Opinion

Town of Cary v. Stallings

  • 97 N.C. App. 484
  • 389 S.E.2d 143
  • 1990 N.C. App. LEXIS 159
Court
Court of Appeals of North Carolina
Filed
Mar 6, 1990
Status
Published
Author
Wells
On the bench
Johnson, Wells, Orr
Cited by
3 cases
Authority
More cited than 6.0%

The opinion

Judge WELLS

concurring.

In the foreclosure proceedings, the attempted service of process on defendant Stallings was insufficient to confer jurisdiction on the court to enter judgment against her and the judgment against her is therefore void — a legal nullity. See Marketing Systems v. Realty Co., 277 N.C. 230 , 176 S.E.2d 775 (1970); Board of Health v. Brown, 271 N.C. 401 , 156 S.E.2d 708 (1967). The provisions of *489 G.S. 1-108 cannot have the effect of validating any aspect of the void judgment in this case or of validating any consequences flowing from that judgment adverse to defendant Stallings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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