Hodge v. Hodge

Court of Appeals of North Carolina

Hodge v. Hodge

176 S.E.2d 795, 9 N.C. App. 601, 1970 N.C. App. LEXIS 1418

CourtCourt of Appeals of North Carolina

DecidedOctober 21, 1970

DocketNo. 7010DC512

StatusPublished

Cited by2 cases

This text of 176 S.E.2d 795 (Hodge v. Hodge) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hodge v. Hodge, 176 S.E.2d 795, 9 N.C. App. 601, 1970 N.C. App. LEXIS 1418 (N.C. Ct. App. 1970).

Pincite

Opinion

VAUGHN, Judge.

Defendant brings forward several assignments of error and arguments in support thereof. We need discuss only one.

This action was instituted in the superior court prior to the establishment of district courts in Wake County. Although G.S. 7A-259 provides that, upon establishment of a district court in a district, any superior court judge authorized to hear motions, [602]*602may on his own motion transfer cases pending in the superior court to the district court, no such transfer has been made in this case. Neither plaintiff nor defendant has moved to transfer under the provisions of 7A-258. Absent an order transferring this cause from the superior court division, the district court judge was without authority to hear the motion for the appointment of a receiver. The order appealed from is hereby vacated and the cause is remanded to the Superior Court of Wake County.

Vacated and remanded.

Judges Campbell and Britt concur.

Free access — add to your briefcase to read the full text and ask questions with AI

VAUGHN, Judge.

Defendant brings forward several assignments of error and arguments in support thereof. We need discuss only one.

This action was instituted in the superior court prior to the establishment of district courts in Wake County. Although G.S. 7A-259 provides that, upon establishment of a district court in a district, any superior court judge authorized to hear motions, [602]*602may on his own motion transfer cases pending in the superior court to the district court, no such transfer has been made in this case. Neither plaintiff nor defendant has moved to transfer under the provisions of 7A-258. Absent an order transferring this cause from the superior court division, the district court judge was without authority to hear the motion for the appointment of a receiver. The order appealed from is hereby vacated and the cause is remanded to the Superior Court of Wake County.

Vacated and remanded.

Judges Campbell and Britt concur.

Cite This Page — Counsel Stack

Bluebook (online)

176 S.E.2d 795, 9 N.C. App. 601, 1970 N.C. App. LEXIS 1418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-hodge-ncctapp-1970.

Opinion

Related

Cite This Page — Counsel Stack