Wood v. Wood

BRITT, Justice.

Did the trial court err in entering its order vacating the divorce judgment entered at the same session of the court without actual notice to defendant and without a hearing? We hold that it did not.

In its opinion the Court of Appeals declined to consider the question posed in the light of Rule 60 of the Rules of Civil Procedure but quoted extensively from Hagins v. Redevelopment Commission, 275 N.C. 90, 165 S.E. 2d 490 (1969). Inasmuch as the Rules of Civil Procedure were not in effect at the time Hagins was decided, we prefer to review the case at hand in the light of these…