Staton v. Blanton

The only exception in the record is to the signing of the judgment. This exception raises a single question: Does error appear on the face of the record? Lowie & Co. v. Atkins, 245 N.C. 98, 95 S.E. 2d 271.

On appeal the record should show that the judgment was entered in a court with jurisdiction to hear and decide and at a time authorized by law. Vail v. Stone, 222 N.C. 431, 23 S.E. 2d 329.

Plaintiff moves here for an order declaring the trial a nullity. She bases her motion on the minutes of the Superior Court which, as she asserts, show a trial at an improper time and fail to show authority…