Wall v. . Covington
Supreme Court of North Carolina
Motion to amend a record heard at Fall Term, 1879, of RICHMOND Superior Court, before Seymour, J. In this action, which was founded on the bond of James A. Covington as administrator of J. P. Covington and Ann C. Leak as executor of John W. Leak, a surety thereto, to recover the distributive shares of the next of kin, a report of the account of the administration showing assets for distribution to the sum of $5,453.69 was made to the court, and being confirmed,-judgment was…
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Motion to amend a record heard at Fall Term, 1879, of RICHMOND Superior Court, before Seymour, J. In this action, which was founded on the bond of James A. Covington as administrator of J. P. Covington and Ann C. Leak as executor of John W. Leak, a surety thereto, to recover the distributive shares of the next of kin, a report of the account of the administration showing assets for distribution to the sum of $5,453.69 was made to the court, and being confirmed,-judgment was entered therefor instead of for the penalty of the bond to be discharged on the payment, thereof. And more than twelve…
1Opinion of the CourtDillard, J.
The motion made was not within section. 133 of the code, as the proposed amendment nunc pro tunc was of an informal judgment entered through no mistake,, inadvertence or neglect óf the defendants, and the relief asked is not within apt time as prescribed in that section.. It could not be for the correction of an error'in law in the-judgment; for, taking it as a regular judgment, it was not within the power of the court to correct such error after the end of the term at which it was entered. Wolfe v. Davis, 74 N. C., 597.
Neither can the motion be considered as made to vacate-an irregular…
2Cases cited2 opinions
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Farmer v. . WillardSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Cook v. . MooreSupreme Court of North Carolina · 1888
- Leak v. . CovingtonSupreme Court of North Carolina · 1888
- Mann v. . MannSupreme Court of North Carolina · 1918
- Strickland v. . StricklandSupreme Court of North Carolina · 1886
- Ragan v. . RaganSupreme Court of North Carolina · 1938
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