Murphy v. . Merritt
Supreme Court of North Carolina
Motion to set .aside a judgment, heard by Russdl, J., at Spring Term 1869 of the Superior Court of Sampson. The defendant’s counsel moved-to, set..aside a judgment rendered in an action of irouer,.at Pall Term .1867 .-in favor of the -plaintiff. The judgment had been entered by ¡consent of-the •defendant’s .counsel.
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Motion to set .aside a judgment, heard by Russdl, J., at Spring Term 1869 of the Superior Court of Sampson. The defendant’s counsel moved-to, set..aside a judgment rendered in an action of irouer,.at Pall Term .1867 .-in favor of the -plaintiff. The judgment had been entered by ¡consent of-the •defendant’s .counsel. It appeared ,tp the-Court -that .one Mer-iritt.had represented to the defendant’s counsel that the defen-dant would be satisfiedwith this arrangement, provided the •costs did not exceed twenty-five dollars; and that, acting upon dhis .statement, the counsel consented -to the…
1Opinion of the CourtReade, J.
It is settled that a regular final judgment can mot be set aside at a subsequent term on motion. , The judgment in this case was regular, and had the additional force of being by consent of parties. The fact that the defendant’s counsel consented under the false representation of a third person that his client was willing to pay it, makes no difference.
The effect of the appeal from the order vacating the judgment, was to leave the judgment and execution in full force; and the money raised under the execution will be paid over to the plaintiff. There was error. Judgment here for the plaintiff…
2Cited by6 opinions
- Cook v. . MooreSupreme Court of North Carolina · 1888
- Mann v. . MannSupreme Court of North Carolina · 1918
- James v. Western North Carolina RailroadSupreme Court of North Carolina · 1898
- Howell v. . BarnesSupreme Court of North Carolina · 1870
- Lowery v. . LowerySupreme Court of North Carolina · 1870
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