Pruden v. Keemer

The basic question is whether the clerk had jurisdiction to enter the purported default judgment of August 1, 1961. If not, said purported judgment is absolutely void and must be treated as a nullity. Deans v. Deans, 241 N.C. 1, 9-10, 84 S.E. 2d 321, and cases cited.

The clerk of the superior court has no common law or equitable jurisdiction. McCauley v. McCauley, 122 N.C. 288, 30 S.E. 344. The clerk is a court “of very limited jurisdiction — having only such jurisdiction as is given by statute.” Moore v. Moore, 224 N.C. 552, 555, 31 S.E. 2d 690, and cases cited; In re Dunn, 239 N.C. 378, 383,…