Reavis v. Campbell

MARTIN, Judge.

One question raised by this appeal, although not mentioned by either party, is whether the trial court had the jurisdiction to set aside the first judgment and enter the second judgment after the plaintiff had given notice of appeal.

In Machine Co. v. Dixon, 260 N.C. 732, 133 S.E. 2d 659 (1963), it was stated:

“As a general rule, an appeal takes a case out of the jurisdiction of the trial court. Thereafter, pending the appeal, the judge is functus officio. ‘ . . . [A] motion in the cause can only be entertained by the court where the cause is.’ Exceptions to the general rule are:…