Strickland v. Cox
Supreme Court of North Carolina
MotioN IN A civil action, heard before Clark, J., at Fall Term, 1888, of the Superior Court of Surry. The action was brought by plaintiff for the possession of the land described in the complaint, returnable to August Term of said Court, 1887. At the November Term, 1887, Judge Gilmer granted judgment for plaintiff for possession .of the said lan.d, to be stricken out if defendant filed a justified bond in the sum of two hundred dollars within thirty days from the…
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MotioN IN A civil action, heard before Clark, J., at Fall Term, 1888, of the Superior Court of Surry. The action was brought by plaintiff for the possession of the land described in the complaint, returnable to August Term of said Court, 1887. At the November Term, 1887, Judge Gilmer granted judgment for plaintiff for possession .of the said lan.d, to be stricken out if defendant filed a justified bond in the sum of two hundred dollars within thirty days from the adjournment. That the defendant failed to file in thirty days the justified bond required in said judgment, but within thirty days,…
1Opinion of the CourtShbpheRD, J.
We are aware that it has not been unusual to render judgments like the one in question, but as thejf have generally been granted as an indulgence to defendants, and acquiesced in by them, their validity has never been directly determined by this Court. “ At law a judgment is yea or nay, for one party and against the other.” Freeman on Judgments, 2. And a Court cannot delegate its judicial functions to its Clerk, so that he may set aside a judgment upon the performance of a condition. Alternatiye or conditional judgments at law are void in civil as well as in criminal cases. State v. Bennett,…
2Cases cited1 opinion
- State v. . PerkinsSupreme Court of North Carolina · 1880
3Cited by17 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- Maine v. SturgisSupreme Judicial Court of Maine · 1912
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
- State v. . CatheySupreme Court of North Carolina · 1916
- Bradley Fertilizer Co. v. TaylorSupreme Court of North Carolina · 1893
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