Futrell v. Branch Banking & Trust Co.

Supreme Court of North Carolina
Futrell v. Branch Banking & Trust Co., 224 N.C. 221 (N.C. 1944)
Schbnck

Futrell v. Branch Banking & Trust Co.

Opinion of the Court

Schbnck, J.

Since the judgment of Stevens, J., dismissing the action became effective when entered 13 December, 1943, and remained in full force and effect by the dismissal of the plaintiffs’ appeal on 28 March, 1944, the judgment of Frizzelle, J., restraining the defendants from proceeding further with the foreclosure sale, entered 3 February, 1944, was and remained void for the want of jurisdiction in his Honor to enter .any judgment in the cause.

Eeversed.

Reference

Full Case Name
JENNIE FUTRELL, Individually, and as Administratrix of the Estate of ZEDIC FUTRELL v. BRANCH BANKING & TRUST COMPANY, of the Estate of A. J. PICKETT, H. D. BATEMAN, Trustee
Status
Published