Harrell v. . Peebles
Supreme Court of North Carolina
MotioN, to set aside and vacate a judgment beard at 'Spring Term, 1877, of Hertford Superior Court, before Mire, J. This is an appeal from the judgment of the Court below denying a motion of the defendants to vacate and set aside a judgment theretofore obtained against them by the plaintiff.
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MotioN, to set aside and vacate a judgment beard at 'Spring Term, 1877, of Hertford Superior Court, before Mire, J. This is an appeal from the judgment of the Court below denying a motion of the defendants to vacate and set aside a judgment theretofore obtained against them by the plaintiff. On the 10th of January, 1871, the plaintiff instituted an action upon a bond dated the 7th of June, 1852, executed by the defendants, Warren and Daughtry, and Gatling, the intestate of the defendant, Peebles, to him the plaintiff and Another as guardians of two minors. The administration •upon the estate…
1Opinion of the Court
ByNüm, J.
(After stating the case as above.) There is no error of which the defendants can complain. It was insisted by the plaintiff that when the Court found the plea of nul tiel record- against the defendant, Peebles, in the sci. jfa. upon the original judgment, it was conclusive of the validity of the judgment, and precluded him from thereafter moving to vacate it. This position can not be maintained.
Upon the plea of nul tiel record the fact is tried by the Court upon inspection of the record itself, and when the record is regularly certified by the proper officer it can not-be explained…
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