Legal Opinion

Raccoon Valley Investment Co. v. Toler

Court of Appeals of North Carolina

Decided March 2, 1977No. 762SC646PublishedCited by 9 opinions

1Opinion of the Court

PARKER, Judge.

Defendants contend that the default judgment entered against them in this action on 27 January 1976 is void and that the court therefore erred in dismissing their motion in the cause to set it aside and in dissolving the temporary restraining order. We do not agree.

In support of their contention that the 27 January 1976 judgment is void, defendants point to the language in the prayer for relief to plaintiff’s complaint and in the judgment itself which speaks in terms of having the 29 December 1965 judgment “renewed,” and defendants correctly point out that there is no procedure…

2Cases cited4 opinions

  1. Teele v. KerrSupreme Court of North Carolina · 1964
  2. Reid v. BristolSupreme Court of North Carolina · 1955
  3. Jones v. Atlantic & Western RailroadSupreme Court of North Carolina · 1927
  4. Grady v. ParkerSupreme Court of North Carolina · 1949

3Cited by9 opinions

  1. Duplin County DSS ex rel. Pulley v. FrazierCourt of Appeals of North Carolina · 2013
  2. NCNB National Bank of North Carolina v. RobinsonCourt of Appeals of North Carolina · 1986
  3. Nat'l Enters. Inc. v. HughesCourt of Appeals of North Carolina · 2014
  4. Unifund CCR Partners v. HokeCourt of Appeals of North Carolina · 2020
  5. Unifund CCR Partners v. HokeCourt of Appeals of North Carolina · 2020

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