Keaton v. Banks
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term 1849, his Honor Judge Bailey presiding. This is a motion to vacate a judgment. , The case is as follows: A writ was issued on the 2nd day of March 1841, at the instance of Banks against Benjamin F. Keaton, who was an infant, returnable to the March Term 1541, of the County Court of Pasquotank. This writ was filed, endorsed, “service accepted William F. Keaton.”
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Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term 1849, his Honor Judge Bailey presiding. This is a motion to vacate a judgment. , The case is as follows: A writ was issued on the 2nd day of March 1841, at the instance of Banks against Benjamin F. Keaton, who was an infant, returnable to the March Term 1541, of the County Court of Pasquotank. This writ was filed, endorsed, “service accepted William F. Keaton.” At the same term the cause was referred to the Clerk, who at September term 1841, made a report, after which, upon the record was found the following entry:…
1Opinion of the CourtNash, J.
We do not concur in the opinion of the Court below. The error seems to hare originated in not ad verting to the difference between receiving parol testimony to impeach a judgment collaterally, and to receiving it on a motion to vacate it, made in the Court where the judgment is. In the former case it is certainly incompetent, in the latter it is competent. Upon the appeal from the judgment of the County to the Superior Court, the trial was to be had in the latter, as it was had in the former. And. if the evidence offered to his Honor was such, as would have been proper in the County Court, it…
Also in this document: Per curiam.
2Cited by9 opinions
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Henderson v. HendersonSupreme Court of North Carolina · 1950
- Finger v. . SmithSupreme Court of North Carolina · 1926
- County of Franklin v. JonesSupreme Court of North Carolina · 1957
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