Deaver v. Jones
Supreme Court of North Carolina
AotioN for the recovery of land, tried before Armfield, J., and a jury, at August Terra, 1893, of BUNCOMBE Superior Court. Upon the return of a verdict by the jury the plaintiff proposed to the defendant that the verdict should be set aside bjr consent of the parties, and the Court, upon such consent, made'an order setting the verdict aside and granting a new trial.
Read the full summary
AotioN for the recovery of land, tried before Armfield, J., and a jury, at August Terra, 1893, of BUNCOMBE Superior Court. Upon the return of a verdict by the jury the plaintiff proposed to the defendant that the verdict should be set aside bjr consent of the parties, and the Court, upon such consent, made'an order setting the verdict aside and granting a new trial. On the day following the plaintiff moved the Court to set aside the order setting aside the verdict, and for judgment according to the verdict. The defendant resisted the motion, but the Court made an order re-instating the…
1Opinion of the Court
Avery, J.:
Where an order or judgment is made by consent it cannot be vacated or modified even at tlie term at which it is entered without the assent or acquiescence of all the parties to the action. Whether interlocutory or final such judgments are irrevocable, except with concurrence of all whose consent was requisite in the first instance, unless it appear affirmatively that their rendition has been procured by the mutual mistake of both or all the parties, or by the fraudulent practices of one or more of them. As *651a rule all judgments are in fieri during the term at which they are rendered,…
2Cases cited9 opinions
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- McEachern v. . KerchnerSupreme Court of North Carolina · 1884
- A. H. Stump & Sons v. LongSupreme Court of North Carolina · 1881
- Vaughan Barnes v. . Gooch and PrescottSupreme Court of North Carolina · 1885
- Smith v. . FortSupreme Court of North Carolina · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Public Service Elec. and Gas Co. v. WaldroupNew Jersey Superior Court Appellate Division · 1955
- In Re Estate of MeredithMichigan Supreme Court · 1936
- Karnes v. BlackCourt of Appeals of Kentucky · 1919
- Hodges v. . StewartSupreme Court of North Carolina · 1940
- Bardach Iron & Steel Co. v. TenenbaumSupreme Court of Virginia · 1923
11 more not listed; retrieve them via the Exa API.