Legal Opinion · Concurrence

Town of Cary v. Stallings

Court of Appeals of North Carolina

Decided March 6, 1990No. 8910DC404Published

1Concurrence

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 *489G.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.

2Cases cited2 opinions

  1. American Institute of Marketing Systems, Inc. v. Willard Realty Co.Supreme Court of North Carolina · 1970
  2. Buncombe County Board of Health v. BrownSupreme Court of North Carolina · 1967