Legal Opinion

Downing v. . White

Supreme Court of North Carolina

Decided December 16, 1936PublishedCited by 22 opinions

1Opinion of the Court

Stacy, 0. J.

This is the same case that was before us on a procedural question at the Spring Term, 1934, reported in 206 N. C., 567, 174 S. E., 451.

It is elementary that unless one named as a defendant has been brought into court in some way sanctioned by law, or makes a voluntary appearance in person or by attorney, a judgment rendered against him is void for want of jurisdiction. Dunn v. Wilson, 210 N. C., 493; Guerin v. Guerin, 208 N. C., 457, 181 S. E., 274; Harrell v. Welstead, 206 N. C., 817, 175 S. E., 238; Clark v. Homes, Inc., 189 N. C., 703, 128 S. E., 20; Pinnell v. Burroughs, 168…

2Cases cited33 opinions

  1. Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
  2. Clark v. . HomesSupreme Court of North Carolina · 1925
  3. Harrell v. . WelsteadSupreme Court of North Carolina · 1934
  4. Condry v. . CheshireSupreme Court of North Carolina · 1883
  5. Card v. Finch.Supreme Court of North Carolina · 1906

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

3Cited by22 opinions

  1. Hart v. Thomasville Motors, Inc.Supreme Court of North Carolina · 1956
  2. City of Monroe v. NivenSupreme Court of North Carolina · 1942
  3. Harrington v. RiceSupreme Court of North Carolina · 1957
  4. Carpenter v. CarpenterSupreme Court of North Carolina · 1956
  5. Powell v. . TurpinSupreme Court of North Carolina · 1944

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

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