Legal Opinion

Barber v. . Barber

Supreme Court of North Carolina

Decided September 27, 1939PublishedCited by 9 opinions

1Opinion of the CourtBarnhill, J.

It is stipulated in the record that summons in the original cause was personally served on the defendant and it appears from the record that he made a general appearance and answered the plaintiff’s complaint. Can he now, on special appearance, challenge the jurisdiction of the court to hear plaintiff’s petition and motion in the cause? This is the only question presented and it must be answered in the negative.

An action in court is not ended by the rendition of a judgment, but in certain respects it is still pending until the judgment is satisfied. Finance Co. v. Trust Co., 213 N. C., 369,…

2Cases cited2 opinions

  1. Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
  2. Federal Land Bank of Columbia v. DavisSupreme Court of North Carolina · 1939

3Cited by9 opinions

  1. Barber v. BarberSupreme Court of the United States · 1944
  2. McFetters v. . McFettersSupreme Court of North Carolina · 1941
  3. Rayfield v. RayfieldSupreme Court of North Carolina · 1955
  4. Kinross-Wright v. Kinross-WrightSupreme Court of North Carolina · 1958
  5. Elmore v. ElmoreCourt of Appeals of North Carolina · 1969

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