Value Homes, Inc. v. Harris
Value Homes, Inc. v. Harris
Opinion of the Court
Defendant’s motion to set aside the judgment dated 7 June 1973 was made pursuant to G.S. 1A-1, Rule 60(b) (4), which in pertinent part provides:
“On motion and upon such terms as are just, the court may relieve a party or his legal representative from, a • final judgment, order, or proceeding for the following reasons:
(4) The judgment is void; * * *”
Defendant argues that the judgment is void because the amended complaint was not personally served upon the. defendant. We, do not agree. The record before us shows conclusively that the court had jurisdiction to enter the order dated 21 November 1966 allowing plaintiff thirty days within which to file an amended complaint. We are aware of no statute or legal precedent antedating the rules of civil procedure effective 1 January 197Q. which required that an amended complaint filed pursuit to a valid order of the superior court be served personally on the defendant by an officer or otherwise. The record and
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.