Legal Opinion

Wood v. Wood

Court of Appeals of North Carolina

Decided October 16, 1974No. 7420SC467PublishedCited by 2 opinions

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

  1. Wall v. SneedCourt of Appeals of North Carolina · 1972
  2. Kelly v. KellySupreme Court of North Carolina · 1954
  3. Paschal v. AutrySupreme Court of North Carolina · 1962

3Cited by2 opinions

  1. Strong v. JohnsonCourt of Appeals of North Carolina · 1981
  2. Serion v. ThorntonHawaii Intermediate Court of Appeals · 2004

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