Morris v. . White
Supreme Court of North Carolina
Civil actioN, tried before Shipp, Judge, at September Term, 1886, of PasquotaNK Superior Court. The following is so mucb of the case stated on appeal for this Court, as is necessary to a proper understanding of the opinion: “The object of the action is to set aside, for irregularity, the following decree, rendered at Fall Term, 1871, of said Court, in an action wherein Mary A. White (the present defendant), was plaintiff, and Luzinka E. Morris and Eloise Morris (the present…
Read the full summary
Civil actioN, tried before Shipp, Judge, at September Term, 1886, of PasquotaNK Superior Court. The following is so mucb of the case stated on appeal for this Court, as is necessary to a proper understanding of the opinion: “The object of the action is to set aside, for irregularity, the following decree, rendered at Fall Term, 1871, of said Court, in an action wherein Mary A. White (the present defendant), was plaintiff, and Luzinka E. Morris and Eloise Morris (the present plaintiffs), were defendants. “Upon application to the Court, William L. Reed, Esq., is appointed guardian ad litem and…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The Court properly held, that the plaintiffs’remedy was by motion or other appropriate proceeding in the action in which the decree complained of was granted. They seek to have the decree set aside upon the ground of irregularity in it, and in the proceedings in the action leading to it. It was competent, and the appropriate remedy, to move in the action within a reasonable time after the decree was granted, to set it aside for such cause, and this is so, although the action was ended. Williamson v. Hartman, 92 N. C., 236; Fowler v. Poor, 93 N. C., 466;…
2Cases cited3 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Long v. . JarrattSupreme Court of North Carolina · 1886
3Cited by11 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Hargrove v. WilsonSupreme Court of North Carolina · 1908
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- In Re the Will of SmithSupreme Court of North Carolina · 1959
- Murphy v. HopcroftCalifornia Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.