WINDHAM DISTRIBUTING CO. v. DAVIS

No. 845DC231.

323 S.E.2d 506 (1984)

WINDHAM DISTRIBUTING COMPANY, INC. v. Steve DAVIS, t/a/d/b/a Piedmont Carolina Trucking and Ronald Perry; and Marine Transport, Inc.

Court of Appeals of North Carolina.

December 28, 1984.


Attorney(s) appearing for the Case

Yow, Yow, Culbreth & Fox by Lionel L. Yow, Wilmington, for plaintiff-appellee.

Boyan, Nix & Boyan by Clarence C. Boyan, High Point, for defendant-appellant.


BRASWELL, Judge.

The major questions presented by the only appealing defendant, Steve Davis, are that the trial court erred in denying (1) his G.S. 1A-1, Rule 60(b)(4) motion to set aside the judgment as void and (2) his motion to dismiss the order of arrest on the grounds that this order for execution against his person was in violation of G.S. 1-311. We hold that the trial court properly denied the Rule 60(b)(4) motion, but because the order of arrest was insufficient...

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