Leach v. Western North Carolina Rail Road
Supreme Court of North Carolina
Motion to set aside judgment heard before Watts, J., at Spring Term, 1871, oí Wake Superior Court. The facts are, that the defendant acknowledged service of the summons in this action, and agreed to waive the question as to the suit being brought in a county other than the one through which the defendant’s road ran. The plaintiff filed no complaint, nor did the defendant make any appearance. At the return term the plaintiff took judgment by default.
Read the full summary
Motion to set aside judgment heard before Watts, J., at Spring Term, 1871, oí Wake Superior Court. The facts are, that the defendant acknowledged service of the summons in this action, and agreed to waive the question as to the suit being brought in a county other than the one through which the defendant’s road ran. The plaintiff filed no complaint, nor did the defendant make any appearance. At the return term the plaintiff took judgment by default. The defendant moved to set aside the judgment because no complaint had been filed, and that the Court did not have jurisdiction of the subject…
1Opinion of the CourtBeade, J.
1st. The objection to the jurisdiction is not well taken. It was not a question of jurisdiction but of venue, and it is competent for the parties to waive that objection, as was done in this case. Graham v. Charlotte & S. C. R. R. Co., 64 N. C. 631. Where it is a question of the jurisdiction of the Court over the subject matter, the consent of the parties cannot give jurisdiction.
2. The judgment is not “ void,” because it was entered without a complaint in writing being filed.
A judgment without service of process is void, because the defendant is not in Court. But in this case the defendant…
2Cases cited1 opinion
- Graham v. Charlotte & S. C. Rail RoadSupreme Court of North Carolina · 1870
3Cited by12 opinions
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Baruch v. . LongSupreme Court of North Carolina · 1895
- Vass v. Peoples' Building & Loan Ass'nSupreme Court of North Carolina · 1884
- Little v. . McCarterSupreme Court of North Carolina · 1883
7 more not listed; retrieve them via the Exa API.