Legal Opinion

Parker v. Roberson

Supreme Court of North Carolina

Decided March 9, 1955Published

1Per curiam

“The rule that a judgment is in fieri during the term only and cannot be altered after adjournment relates to judicial and not to clerical errors therein.” Land Bank v. Davis, 215 N.C. 100, 1 S.E. 2d 350.

“The power of the Superior Court, on motion in the cause after notice, to correct clerical errors in the judgment and to make the record speak the truth may not be denied.” Land Bank v. Cherry, 227 N.C. 105, 40 S.E. 2d 799.

The error in the judgment entered at March Term, 1954, plainly disclosed by the record itself, is an obvious clerical error. Judge Carr’s judgment was the appropriate…

2Cases cited2 opinions

  1. Federal Land Bank of Columbia v. DavisSupreme Court of North Carolina · 1939
  2. N. C. Joint Stock Land Bank v. CherrySupreme Court of North Carolina · 1946

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