Legal Opinion

Ange v. Ange

Supreme Court of North Carolina

Decided June 11, 1952No. 98PublishedCited by 14 opinions

1Opinion of the CourtValentine, J.

It will be noted at tbe outset tbat tbe judgment rendered was in favor of tbe defendant and did not adversely affect any substantial right of bis. Therefore, be was not tbe proper party to appeal from tbe judgment. Hence, tbe appeal is subject to dismissal. Even so, tbe proceeding is in rem and tbe judgment entered in tbe court below vitally affects tbe title to real property. For tbat reason we take jurisdiction for tbe purpose of correcting tbe error in tbe judgment. This we may do in tbe exercise of our supervisory power. N. C. Const., Art. IV, sec. 8; S. v. Cochran, 230 N.C. 523, 53 S.E.…

2Cases cited16 opinions

  1. Braddy v. . ElliottSupreme Court of North Carolina · 1908
  2. State v. CochranSupreme Court of North Carolina · 1949
  3. St. James v. Bagley.Supreme Court of North Carolina · 1905
  4. Hall v. . QuinnSupreme Court of North Carolina · 1925
  5. Hinton v. . VinsonSupreme Court of North Carolina · 1920

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Station Associates, Inc. v. Dare CountySupreme Court of North Carolina · 1999
  2. Charlotte Park & Recreation Commission v. BarringerSupreme Court of North Carolina · 1955
  3. Elledge v. WelchSupreme Court of North Carolina · 1953
  4. Edwards v. ButlerSupreme Court of North Carolina · 1956
  5. Washington City Board of Education v. EdgertonSupreme Court of North Carolina · 1956

9 more not listed; retrieve them via the Exa API.

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