Wiggins v. Bunch

BRANCH, Justice.

The parties to this appeal do not present the question of whether the Superior Court had jurisdiction to enter the order of 1 July 1970.

For many years it has been recognized that as a general rule an appeal takes the case out of the jurisdiction of the trial Court. In Machine Co. v. Dixon, 260 N.C. 732, 133 S.E. 2d 659, 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.’…