Davis v. . Shaver
Supreme Court of North Carolina
This was an appeal from an order made by Mitchell, J"., at Spring Term, 1866, of Rowan Superior Court. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtReade, J.
This tvas a motion to vacate a judgment, which the defendant alleged to he irregular.
If there was error, it does not appear in the record sent up; and, unless error appear, the judgment must be affirmed ; Walton v. Smith, 8 Ire., 520.
The facts, as stated by his Honor, are, that the plaintiff sued out a writ in debt. At the return term the defendant, on account of the inadvertence of his counsel, did not appear. At a subsequent term there was upon the trial docket an entry “judg’t.” From this memorial of the judgment, the clerk, after court, transferred the case to the execution docket, stated…
2Cited by12 opinions
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Brown v. HardingSupreme Court of North Carolina · 1916
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- In re T.K.Court of Appeals of North Carolina · 2005
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