Legal Opinion

Brown v. Owens

Supreme Court of North Carolina

Decided December 2, 1959No. 525PublishedCited by 5 opinions

1Opinion of the CourtBobbitt, J.

Plaintiff may not attack by independent action the judgment of November 25, 1957, entered in said separate civil action, on the ground that its validity is dependent upon her consent and she did not .consent thereto. The said judgment may be attacked on this ground only by motion in tire cause.

“While it is a settled principle of law in this jurisdiction that a consent judgment cannot 'be modified or set a-side without the consent of the parties thereto, except for fraud or mutual mistake, and the proper procedure to vacate such judgment is by an independent action; it is equally well settled…

2Cases cited4 opinions

  1. City of Monroe v. NivenSupreme Court of North Carolina · 1942
  2. King v. . KingSupreme Court of North Carolina · 1945
  3. Henderson v. HendersonSupreme Court of North Carolina · 1950
  4. Brown v. . KirkpatrickSupreme Court of North Carolina · 1940

3Cited by5 opinions

  1. Blanton v. SiskCourt of Appeals of North Carolina · 1984
  2. Ex Parte JohnsonSupreme Court of North Carolina · 1971
  3. Cranford v. Steed Ex Rel. SteedSupreme Court of North Carolina · 1966
  4. Owens v. VoncannonSupreme Court of North Carolina · 1959
  5. Wilkinson v. SRW/Cary AssociatesCourt of Appeals of North Carolina · 1993

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