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Pate v. Pate

Ruth Pate v. Gurney S. Pate.

Pate v. Pate, 160 S.E. 450 (N.C. 1931)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 30, 1931
Judges
PER CURIAM.
Citations
160 S.E. 450201 N.C. 4021931 N.C. LEXIS 257

Opinion of the Court — Per Curiam

Per Cubiam.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 11951: 11953: 11962: 11963: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Griffin v. Griffin75 S.E.2d 133 (N.C. 1953)
  2. Joyner v. Joyner124 S.E.2d 724 (N.C. 1962)
  3. Dellinger v. Clark67 S.E.2d 448 (N.C. 1951)
  4. Patterson v. Patterson53 S.E.2d 658 (N.C. 1949)
  5. Perry v. Jolly130 S.E.2d 654 (N.C. 1963)

Most recent

  1. Perry v. Jolly130 S.E.2d 654 (N.C. 1963)
  2. Joyner v. Joyner124 S.E.2d 724 (N.C. 1962)
  3. Griffin v. Griffin75 S.E.2d 133 (N.C. 1953)
  4. Dellinger v. Clark67 S.E.2d 448 (N.C. 1951)
  5. Patterson v. Patterson53 S.E.2d 658 (N.C. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bisanar v. Suttlemyre, 138 S.E. 1 (N.C. 1927) 27

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