# Town of Cary v. Stallings

> Court of Appeals of North Carolina · March 6, 1990 · 97 N.C. App. 484

URL: https://www.frixlaw.com/law-library/cases/9571203

## Case

- **Full name:** TOWN OF CARY, Plaintiff v. MYRTLE O. STALLINGS, Defendant v. VIC REALTY
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 6, 1990
- **Citations:** 97 N.C. App. 484; 389 S.E.2d 143; 1990 N.C. App. LEXIS 159
- **Precedential status:** Published
- **Opinion:** Concurrence by Wells
- **Judges:** Johnson, Wells, Orr
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9571203

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9571203. Public record. Not legal advice.