Larkins v. . Bullard
Supreme Court of North Carolina
MOTION to sot aside a judgment heard at Fall Term, 1882, of SAMPSON Superior Court, before MaeRae, J. The plaintiff began an action in 1871, in the superior court of Sampson county, against John Bullard, for the recovery of a tract of land.
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MOTION to sot aside a judgment heard at Fall Term, 1882, of SAMPSON Superior Court, before MaeRae, J. The plaintiff began an action in 1871, in the superior court of Sampson county, against John Bullard, for the recovery of a tract of land. At the return term he answered, and the cause was continued from time to time until spring term, 1874, when an order was made directing Marcus, Irene, Virginia, Lewis and Thomas Bullard, children of the said John, to be made parties defendant, with leave to file answer. At spring term, 1875, judgment was rendered that the plaintiffs recover the land of the…
1Opinion of the CourtRuffin, J.
The finding of the court seems to go to the length of saying that, notwithstanding the order directing it to be done, the infant children, of John Bullard were never in fact made parties to the action, or any defence made for them; and if so, then, under the authority of White v. Albertson, 3 Dev., 241, the judgment against them was absolutely void ab initio, and it was proper to give them relief by directing the same to be vacated as to them. Mason v. Miles, 63 N. C., 564.
But supposing it to be otherwise, and that they could be made parties by having an appearance entered for them by an…
2Cases cited1 opinion
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
3Cited by12 opinions
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Harrison v. . HarrisonSupreme Court of North Carolina · 1890
- Millsaps v. EstesSupreme Court of North Carolina · 1905
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