Cleve v. . Adams

The motion made in the original action to set aside the .judgment against Sophronia Wall presented questions of fact and not issues- of fact. It was for the judge to hear the. evidence, find the facts and render judgment thereon. Monroe v. Niven, 221 N. C., 362, and -cases cited. The judgment entered, though so labeled, was not a judg ment of nonsuit. It was a judgment fixing and adjudicating the rights of the parties.

The parties to the motion to set aside the Wall judgment are the parties to this action. Plaintiffs herein, in making the motion in the cause and in instituting this action, had…