Pate v. . Pate
Cases that cite this one
6 later published cases cite this decision.
- Perry v. Jolly (N.C. 1963)
- Perry v. Jolly (N.C. 1963)
- Joyner v. Joyner (N.C. 1962)
- Griffin v. Griffin (N.C. 1953)
- Dellinger v. Clark (N.C. 1951)
- Patterson v. Patterson (N.C. 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The contention of plaintiff on her appeal to this Court that the order in this action signed by Judge Sinclair on 26 June, 1931, at Smithfield, N. 0., is void, for that Judge Sinclair who had heard defendant’s motion at June Term, 1931, of the Superior Court of Wayne County, was without jurisdiction to make and sign the order out of term and out of Wayne County, cannot be sustained.
It appears both from the record and from the case on appeal filed in this Court that Judge Sinclair was expressly authorized by the parties to this action to make and sign the order out of term and out of the county. Eor this reason the order is valid, notwithstanding it was made and signed at Smithfield, N. C., on 26 June, 1931. Bisanar v. Suttlemyre, 193 N. C., 711, 138 S. E., 1. The motion on which the order with respect to the custody of Dollie Pate, the minor child of the parties, was made, was expressly authorized by statute, C. S., 1664. The order is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.