White v. Morris
Supreme Court of North Carolina
This was a motion to set aside a judgment rendered in this action at Fall Term, 1871, of the Superior Court of Pas-quotank County, “on the ground that it is irregular and void,” heard before Whitaker, J., at Spring Term, 1890, of the Superior Court of PasquotaNK County.
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This was a motion to set aside a judgment rendered in this action at Fall Term, 1871, of the Superior Court of Pas-quotank County, “on the ground that it is irregular and void,” heard before Whitaker, J., at Spring Term, 1890, of the Superior Court of PasquotaNK County. The defendants say that, at the time this action was instituted and judgment obtained against them, they were aged, respectively, seven and nine years, and that no defence was made for them, as they are informed and believe; that they were without general guardian; that they were never served with process, and never had a day…
1Opinion of the CourtDavis, J.
after stating the facts: Was the judgment in question irregular and void ?
There is a presumption in favor of the validity of every judgment of a Court of competent jurisdiction, and, in this, there is no distinction between judgments against adults and judgments against infants, where the parties are properly within the jurisdiction of the Court (Mauney v. Gidney, 88 N. C., 200), and while it is, for obvious reasons, the duty of the Courts to see that the rights and interests of infants are guarded and protected, and, where they are without regular guardians, to- see that suitable and fit…
2Cases cited16 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- State v. . RickettsSupreme Court of North Carolina · 1876
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Ward v. . LowndesSupreme Court of North Carolina · 1887
- Spencer v. . CredleSupreme Court of North Carolina · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- Carraway v. LassiterSupreme Court of North Carolina · 1905
- Yarborough v. . MooreSupreme Court of North Carolina · 1909
7 more not listed; retrieve them via the Exa API.