PRUDEN v. KEEMER

No. 172.

136 S.E.2d 604 (1964)

262 N.C. 212

Nancy PRUDEN, Mary P. Willis and Virgie P. Phelps, Petitioners, v. J. B. KEEMER and wife, Ella Keemer, and John Henry Bullocks and wife, Ophelia Bullocks, Respondents.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

Pritchett & Cooke, Windsor, for petitioner appellees.

James R. Walker, Jr., Weldon, Samuel S. Mitchell, Raleigh, Robert L. Harrell, Sr., Asheville, and T. T. Clayton, Warrenton, for respondent appellants.


BOBBITT, Justice.

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...

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