City of Salisbury v. KIRK RLTY. CO., INC.

MORRIS, Chief Judge.

Because the judgment of 2 May 1979 was entered by the Clerk before the expiration of the statutory period of 20 days allowed for the filing of exceptions, it is an irregular judgment, Collins v. Highway Commission, 237 N.C. 277, 74 S.E. 2d 709 (1953), but stands as the j udgment of the court until set aside by a proper proceeding therefor.

To set aside a judgment for irregularity, it is necessary to make a motion in the cause before the court which rendered the judgment, with notice to the other party. The objection cannot be made by appeal, or an independent action, or by…