Wood v. Wood
Court of Appeals of North Carolina
1Opinion of the Court
MARTIN, Judge.
Administratrix contends that the order of 2 September 1970 was a nullity in that it failed to comply with the requirements of G.S. 1A-1, Rule 25 and, therefore, the motion of admin-istratrix to obtain relief from a void judgment pursuant to G.S. 1A-1, Rule 60(b)(4) should have been allowed. Defendant argues that a motion to relieve a party on the basis that the judgment is void must be brought within a reasonable time. Apparently, federal cases conflict with defendant’s argument. “By the same token, there is no time limit on an attack on a judgment as void. The one-year limit…
2Cases cited3 opinions
- Wall v. SneedCourt of Appeals of North Carolina · 1972
- Kelly v. KellySupreme Court of North Carolina · 1954
- Paschal v. AutrySupreme Court of North Carolina · 1962
3Cited by2 opinions
- Strong v. JohnsonCourt of Appeals of North Carolina · 1981
- Serion v. ThorntonHawaii Intermediate Court of Appeals · 2004