{
  "id": 8554973,
  "name": "FRANCES BADHAM HOWARD, FANNIE BADHAM, BESSIE B. SMALL, SIDNEY BADHAM, MILES BADHAM, PENELOPE OVERTON, ALEXANDER BADHAM, CHARITY BADHAM, CHARLES BADHAM, PAULINE B. TURNER, FRANK BADHAM, SADIE B. HAWKINS, JAMES BADHAM, and all Other Heirs at Law of HANNIBAL BADHAM, Deceased v. LONNIE BOYCE (Now Deceased), Original Defendant, and CELIA U. BOYCE, Individually and CELIA U. BOYCE and NAOMI MORRIS, Executrices of the Estate of A. C. Boyce, Sometimes known as Lonnie Boyce",
  "name_abbreviation": "Howard v. Boyce",
  "decision_date": "1975-08-06",
  "docket_number": "No. 751SC262",
  "first_page": "689",
  "last_page": "690",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 689"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "184 S.E. 2d 879",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 106",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569959
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0106-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2139,
    "ocr_confidence": 0.568,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20600255072786097
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    "sha256": "aaf2ef57c8cbe210370d7d81aa5c47e9062fe4f8e25d2d4f8a9e04d3b28f0499",
    "simhash": "1:e16feb026427a5ea",
    "word_count": 342
  },
  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Martin and Clark concur."
    ],
    "parties": [
      "FRANCES BADHAM HOWARD, FANNIE BADHAM, BESSIE B. SMALL, SIDNEY BADHAM, MILES BADHAM, PENELOPE OVERTON, ALEXANDER BADHAM, CHARITY BADHAM, CHARLES BADHAM, PAULINE B. TURNER, FRANK BADHAM, SADIE B. HAWKINS, JAMES BADHAM, and all Other Heirs at Law of HANNIBAL BADHAM, Deceased v. LONNIE BOYCE (Now Deceased), Original Defendant, and CELIA U. BOYCE, Individually and CELIA U. BOYCE and NAOMI MORRIS, Executrices of the Estate of A. C. Boyce, Sometimes known as Lonnie Boyce"
    ],
    "opinions": [
      {
        "text": "ARNOLD, Judge.\nWhen an appeal is pending the trial court is functus officio. It has no authority to issue further orders in the case. Wiggins v. Bunch, 280 N.C. 106, 184 S.E. 2d 879 (1971). Consequently, ' plaintiffs\u2019 appeal from the November 14 order precluded the subsequent entry of summary judgment against them. The December 19 judgment therefore must be vacated- and the cause remanded for proceedings in accordance with our opinions in cases No. 751SC121 and 751SC261.\nVacated and remanded.\nJudges Martin and Clark concur.",
        "type": "majority",
        "author": "ARNOLD, Judge."
      }
    ],
    "attorneys": [
      "Richard E. Powell for plaintiff appellants.",
      "Pritchett, Coolce & Burch, by J. A. Pritchett, W. L. Cooke, and W. W. Pritchett, Jr., for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "FRANCES BADHAM HOWARD, FANNIE BADHAM, BESSIE B. SMALL, SIDNEY BADHAM, MILES BADHAM, PENELOPE OVERTON, ALEXANDER BADHAM, CHARITY BADHAM, CHARLES BADHAM, PAULINE B. TURNER, FRANK BADHAM, SADIE B. HAWKINS, JAMES BADHAM, and all Other Heirs at Law of HANNIBAL BADHAM, Deceased v. LONNIE BOYCE (Now Deceased), Original Defendant, and CELIA U. BOYCE, Individually and CELIA U. BOYCE and NAOMI MORRIS, Executrices of the Estate of A. C. Boyce, Sometimes known as Lonnie Boyce\nNo. 751SC262\n(Filed 6 August 1975)\nAppeal and Error \u00a7 16 \u2014 appeal pending \u2014 authority of court \u2014 entry of summary judgment\nWhen plaintiffs appealed from an order entered 14 November 1974 denying their motions to set aside a prior judgment, the trial court became functus officio and had no authority to enter summary judgment.against plaintiffs on \u20224'.December 1974.\nAppeal by plaintiffs from Cowper, Judge. Judgment entered 19 December 1974 in Superior Court, Chowan County. Heard in the Court of Appeals 28 May 1975.\nThe facts of this case are set out more fully in the companion cases, Howard v. Boyce, No. 751SC121, and Overton v. Boyce, No. 751SC261, filed this day. In Howard v. Boyce, supra, plaintiffs in the instant case appealed from an order issued 14 November 1974 denying their motions to set aside a prior judgment. On 4 December 1974 defendants filed a motion for summary judgment, and on 19 December the court entered judgment allowing the motion. Plaintiffs appealed.\nRichard E. Powell for plaintiff appellants.\nPritchett, Coolce & Burch, by J. A. Pritchett, W. L. Cooke, and W. W. Pritchett, Jr., for defendant appellees."
  },
  "file_name": "0689-01",
  "first_page_order": 717,
  "last_page_order": 718
}