BARRINGER & GAITHER, INC. v. WHITTENTON

No. 7425DC357.

206 S.E.2d 301 (1974)

22 N.C. App. 316

BARRINGER & GAITHER, INC. v. E. M. WHITTENTON, Individually, and E. M. Whittenton, tdba Whittruck Brokers, Inc.

Court of Appeals of North Carolina.

July 3, 1974.


Attorney(s) appearing for the Case

Butner & Gaither by James M. Gaither, Jr., Hickory, for plaintiff.

Bryan, Jones, Johnson, Hunter & Greene by Robert C. Bryan, Dunn, for defendants.


BROCK, Chief Judge.

Defendants contend the purported judgment is void because a separate order was not entered directing the clerk to file Judge Sigmon's judgment and because no notice of the filing was given to defendants by the clerk.

It would seem that defendants are contending that not only must a trial judge sign a judgment when not rendered in open court, but he must also prepare a separate order directing the clerk to file the judgment which he has...

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