Legal Opinion

City of Monroe v. Niven

Supreme Court of North Carolina

Decided May 20, 1942PublishedCited by 47 opinions

1Opinion of the CourtBaRNHill, J.

A void judgment is one which has a mere semblance but is lacking in some of the essential elements which would authorize the court to proceed to judgment. McIntosh P. & P., sec. 651, p. 734; Harrell v. Welstead, 206 N. C., 817, 175 S. E., 283.

Jurisdiction of the party, obtained by the court in some way allowed by law, is essential to enable the court to give a valid judgment against him. Stancill v. Gay, 92 N. C., 462; Guerin v. Guerin, 208 N. C., 457, 181 S. E., 274. When a court has no authority to act its acts are void. It is the service of process in some manner authorized .by law that…

2Cases cited16 opinions

  1. Michigan Central Railroad v. MixSupreme Court of the United States · 1929
  2. Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
  3. Clark v. . HomesSupreme Court of North Carolina · 1925
  4. Fowler v. FowlerSupreme Court of North Carolina · 1925
  5. Harrell v. . WelsteadSupreme Court of North Carolina · 1934

11 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Hart v. Thomasville Motors, Inc.Supreme Court of North Carolina · 1956
  2. Harrington v. RiceSupreme Court of North Carolina · 1957
  3. Boseman v. JarrellSupreme Court of North Carolina · 2010
  4. Howard v. BoyceSupreme Court of North Carolina · 1961
  5. Carpenter v. CarpenterSupreme Court of North Carolina · 1956

42 more not listed; retrieve them via the Exa API.

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