Legal Opinion

Guilford County v. Boyan

Court of Appeals of North Carolina

Decided November 4, 1980No. 8018DC386PublishedCited by 2 opinions

1Opinion of the Court

WEBB, Judge.

The plaintiff City of High Point brings forward three assignments of error. It first contends the court erred by not ruling on its motion for summary judgment. We do not believe this assignment of error presents any question for review. The case was tried. This eliminated the need for a hearing on the motion for summary judgment.

The plaintiffs second assignment of error is to the judgment dismissing the action. An action to enforce a lien for an assessment is an action in rem. A personal judgment cannot be had against the landowner. Charlotte v. Kavanaugh, 221 N.C. 259, 20 S.E. 2d…

2Cases cited2 opinions

  1. City of Seattle v. KelleherSupreme Court of the United States · 1904
  2. Charlotte v. . KavanaughSupreme Court of North Carolina · 1942

3Cited by2 opinions

  1. City of Durham v. HerndonCourt of Appeals of North Carolina · 1983
  2. In re DavisUnited States Bankruptcy Court, E.D. North Carolina · 2017

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