Knott v. . Taylor
Supreme Court of North Carolina
Judgments void and voidable, relief against — Jurisdiction—Parties — Presumption—Injunction. This was a civil actioN, tried before Clark, J, at January Term, 1886, of the Superior Court of GkaNVIllb County.
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Judgments void and voidable, relief against — Jurisdiction—Parties — Presumption—Injunction. This was a civil actioN, tried before Clark, J, at January Term, 1886, of the Superior Court of GkaNVIllb County. It appears from the pleadings, the orders and judgments in this action, that in 1852, the defendants Taylor and wife brought their action of ejectment, under the method of procedure then prevailing, against Joseph H. Gooch, in the Superior Court of the County of Granville, to recover the possession of the land described in the pleadings therein. That action, in its course, was removed to…
1Opinion of the Court
Merrimon, J.,
(after stating the case). We are of opinion that this action should have been dismissed, upon the ground that the remedy of the plaintiffs was by a proper motion in the action of ejectment referred to, in which the judgment complained of was entered. In that action, notice was given, as we must assume, in the orderly course of procedure in such cases, and Gooch, the defendant therein, appeared and pleaded. At the time of the trial thereof, there was no suggestion and proper proof of the fact that he had, before that time, died. The plaintiffs in that action could not make such…
2Cases cited8 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Burke v. . StokelySupreme Court of North Carolina · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re Estate of SwalesAppellate Division of the Supreme Court of the State of New York · 1901
- Carraway v. LassiterSupreme Court of North Carolina · 1905
- Walton v. . McKessonSupreme Court of North Carolina · 1888
- Carraway v. . LassiterSupreme Court of North Carolina · 1905
- Doe Ex Dem. Taylor v. GoochSupreme Court of North Carolina · 1892
10 more not listed; retrieve them via the Exa API.