Carter v. . Rountree
Supreme Court of North Carolina
MOTION to set aside a judgment, heard at Spring Term, 1891, of Hertford Superior Court, Bryan, J., presiding. • This is a motion in a special proceeding to set aside, for alleged irregularity and fraud, the orders directing a sale of the land, therein specified, to make assets to pay debts of a testator, the proceeding having been determined before the motion was made. The Court heard the motion and gave judgment setting the orders complained of aside.
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MOTION to set aside a judgment, heard at Spring Term, 1891, of Hertford Superior Court, Bryan, J., presiding. • This is a motion in a special proceeding to set aside, for alleged irregularity and fraud, the orders directing a sale of the land, therein specified, to make assets to pay debts of a testator, the proceeding having been determined before the motion was made. The Court heard the motion and gave judgment setting the orders complained of aside. The plaintiffs and defendants filed affidavits in support of and against the motion, but it does not appear affirmatively that the Court found…
1Opinion of the Court
MerejmoN, C. J.:
A motion in the cause is the proper remedy, whether the action be ended or not, for mere irregularities in the course of the action, and it may be made at any time within a reasonable period. This is settled by many decisions of this Court. Williamson v. Hartman, 92 N. C., 239; Fowler v. Poor, 93 N. C., 466; Morris v. White, 96 N. C., 93; Syme v. Trice, Id., 243; Smith v. Fort, 105 N. C., 452; McLaurin v. McLaurin, 106 N. C., 331; and there are other cases.
It is well settled, that pending an action before the final judgment, an interlocutory order or judgment may be attacked…
2Cases cited11 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Daniels v. Montgomery Mutual InsuranceSupreme Court of North Carolina · 1987
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
- High v. PearceSupreme Court of North Carolina · 1941
81 more not listed; retrieve them via the Exa API.