Badger v. . Daniel

The matters in litigation in the above cause were adjudged in this court at June term, 1878, (79 N. C., 872) and the opinion certified to the court below, and at the fall term of Halifax superior court, a motion was made for judgment in conformity to the opinion certified, and by consent of parties His Honor held the case for consideration until the 29th of January, when the judgment now sought to be reviewed was entered. No appeal was taken from said judgment, but notice was given of a motion to be made at the ensuing spring term to vacate said judgment and of appeal therefrom. The motion…