Plemmons v. Cutshall

The appellees here assert that the case was improperly transferred to the civil issue docket and by reason thereof the judgment should be sustained for want of jurisdiction. This position is untenable.

The clerk is but a part of the Superior Court. Williams v. Dunn, 158 N.C. 399, 74 S.E. 99; Bynum v. Bank, 219 N.C. 109, 12 S.E. 2d 898. "Whenever a special proceeding begun before him is, for any ground whatever, sent to the Superior Court before the judge, the judge has jurisdiction. G.S. 1-276; McDaniel v. Leggett, 224 N.C. 806, 32 S.E. 2d 602, and cases cited. This rule applies to a…