Town of Hudson v. Fox

The petitioner assigns as error the judgment entered on 5 April 1962, setting aside the order of the Clerk of the Superior Court entered on 18 August 1961. The petitioner argues and contends that the Superior Court was without jurisdiction to set the Clerk’s order aside.

In the case of Plemmons v. Cutshall, 230 N.C. 595, 55 S.E. 2d 74, this Court, speaking through Barnhill, J., later, C.J., said: “The Clerk is but a part of the Superior Court. Williams v. Dunn, 158 N.C. 399, 74 S.E. 99; Bynum v. Bank, 219 N.C. 109, 12 S.E. 2d 898. Whenever a special proceeding begun before him is, for any…