State ex rel. Hanson v. Yandle

This appeal poses for decision only one question, to wit: Was the Superior Court judge vested with authority to enter the adjudication contained in paragraph (19) of the final judgment herein entered 15 September 1936?

If the court was without authority, its judgment as contained in said paragraph is void and of no effect. A lack of jurisdiction or power in the court entering a judgment always avoids the judgment, Clark v. Homes, 189 N.C. 703, 128 S.E. 20; Boone v. Sparrow, ante, p. 396, and a void judgment may be attacked whenever and wherever it is asserted, without any special plea. Monroe…