Pate v. . Pate

160 S.E. 450, 201 N.C. 402, 1931 N.C. LEXIS 257

• Court: Supreme Court of North Carolina
• Decided: September 30, 1931
• Status: Published

Opinion

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.