Hunter v. . Nelson
Supreme Court of North Carolina
Appeal by plaintiff from Lyon', J., April Term, 1909, of Wake. Civil action,, beard upon demurrer to tbe complaint. Tbe court sustained tbe demurrer and dismissed tbe action. Plaintiffs appealed. Tbe facts are stated in tbe opinion.
1Opinion of the CourtBrown, J.
Tbis action is entitled a “bill of review” by tbe learned lawyer wbo instituted it, and is brought solely to correct an alleged error of law apparent upon tbe'face of tbe judgment heretofore rendered by the Superior Court and finally affirmed by tbis Court. Nelson v. Hunter, 140 N. C., 598; 144 N. C., 763, and 145 N. C., 334.
1. Tbe judgment sought to be set aside by tbis proceeding was entered in pursuance of tbe mandate of tbis Court on appeal in tbe original action. It therefore became tbe 'final decree and judgment of this Court. It would be most extraordinary, under our or any other…
2Cases cited11 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Southard v. RussellSupreme Court of the United States · 1854
- Hurt v. LongTennessee Supreme Court · 1891
- Kimberly v. ArmsU.S. Circuit Court for the District of Northern Ohio · 1889
- Stafford v. BryanNew York Court of Chancery · 1830
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