King v. . King

The question here is whether or not the plaintiff consented to the judgment entered pursuant to the compromise agreement reached during the trial of the action in the court below.

The appellant now contends the court below was without jurisdiction to hear and pass upon his motion to set aside the judgment, for the reason that a consent judgment can be attacked only in an independent action.

Justice Winborne, in speaking for the Court, in Keen v. Parker, 217 N. C., 378, 3 S. E. (2d), 209, said: “It is a settled principle of law in this State that a consent judgment is the contract of the parties…