Spillman v. . Williams
Supreme Court of North Carolina
Ejectment, tried at Fall Term, 1883, of Yadxin Superior Court, before Shipp, J. This action was brought to recover the land described in the complaint. The defendants claimed title thereto as hereinafter indicated.
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Ejectment, tried at Fall Term, 1883, of Yadxin Superior Court, before Shipp, J. This action was brought to recover the land described in the complaint. The defendants claimed title thereto as hereinafter indicated. On the 26th day of March, 1873, C. W. Williams brought his action before a justice of the peace in Yadkin county against the plaintiff to recover the sum of $125.35. The summons in that action was made returnable on the 28th day of April, 1873. On the same day it was issued the sheriff made this return thereon : •“ Defendant not to be found ip Yadkin county — said to be in the…
1Opinion of the Court
Mérrimon, J.,
after stating the case. Although a judgment be irregular or erroneous, yet, if the court granting it had jurisdiction of the parties to, and the subject matter of the action in which it was granted, it is not void, and it cannot be attacked collaterally for such irregularity or error. If it be irregular, that is, if it be granted contrary to the course of the court, it may be set aside, or corrected upon application of the party aggrieved in the action in which it was granted, by motion or other proper proceeding. If it be erroneous, that is, if it be granted upon an erroneous…
2Cases cited3 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Grier v. . RhyneSupreme Court of North Carolina · 1872
3Cited by15 opinions
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Brickhouse v. . SuttonSupreme Court of North Carolina · 1888
- Lyle v. . SilerSupreme Court of North Carolina · 1889
- Sledge v. . ElliottSupreme Court of North Carolina · 1895
- Moore v. . WinfieldSupreme Court of North Carolina · 1935
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