Elliott v. Burton

PARKER, Judge.

“[A] judgment merges the cause of action upon which it was rendered, and becomes itself the obligation.” 2 McIntosh, N. C. Practice and Procedure 2d, § 1735. Therefore, plaintiff’s original cause of action, in which he sought recovery of damages for injuries to his property allegedly caused by defendants’ negligence, became merged into the consent judgment dated 6 January 1973. Where a judgment directs a party to perform a specific act and the party fails to comply within the time specified, various methods by which enforcement of the judgment may be effected are set forth in…