Beard v. . Hall
Supreme Court of North Carolina
Motion in the Cause by the plaintiffs heard at Chambers in Winston on the 21st of May, 1878, before Cloud, J. The action in which this motion was made was originally brought in Rowan to subject certain real estate sold by virtue of a decree in equity to the payment of the purchase money. The plaintiffs moved for judgment in accordance with the verdict of the jury theretofore rendered.
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Motion in the Cause by the plaintiffs heard at Chambers in Winston on the 21st of May, 1878, before Cloud, J. The action in which this motion was made was originally brought in Rowan to subject certain real estate sold by virtue of a decree in equity to the payment of the purchase money. The plaintiffs moved for judgment in accordance with the verdict of the jury theretofore rendered. It was admitted that since the trial of the action the defendant Hall had died, and his personal representative had not been made a party defendant. His Honor held that the personal representative was a…
1Opinion of the CourtPaircloth, J.
After the trial and verdict in favor of the plaintiff and before judgment entered, the defendant or one of them died. His Honor refused plaintiffs’ motion for judgment on the ground that the personal representative of the deceased was a necessary party. In this there was error. A judgment is the legal conclusion upon facts found ■or admitted by the parties in the course of the action, to which the party (plaintiff in this instance) is entitled as a matter of course as- soon as the facts are so established. This is the rule of the common law, and we have found no statute enacting otherwise. 2…
2Cases cited1 opinion
- In re the case of YatesNew York Supreme Court · 1809
3Cited by4 opinions
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Lawrence v. . BeckSupreme Court of North Carolina · 1923
- Dawson v. WaldheimMissouri Court of Appeals · 1901
- Skidaway Shell-Road Co. v. BrooksSupreme Court of Georgia · 1886