Legal Opinion

Roberts v. Pratt

Supreme Court of North Carolina

Decided May 27, 1910PublishedCited by 11 opinions

Appeal from Webb, J., at February Term, 1910, of McDowell. Tbe plaintiff instituted suit in said county to recover on a judgment rendered in ber favor against defendant in tbe State Circuit Court of South Dakota for tbe sum of $1,646, said court having jurisdiction of tbe cause and parties at tbe time tbe same was rendered.

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Appeal from Webb, J., at February Term, 1910, of McDowell. Tbe plaintiff instituted suit in said county to recover on a judgment rendered in ber favor against defendant in tbe State Circuit Court of South Dakota for tbe sum of $1,646, said court having jurisdiction of tbe cause and parties at tbe time tbe same was rendered. Defendant answered, alleging fraud in procurement of said judgment, in that while said suit was pending in the Dakota court, there being some matters of account and adjustment between plaintiff and defendant, tbe defendant paid several hundred dollars on tbe claim, and…

1Opinion of the Court

Hoke, J.,

after stating tbe case: Under our system of procedure it is permissible for a defendant to plead fraud in tbe procurement of a judgment rendered against him in tbe courts of a sister State. Tbe question has been so recently and fully discussed in tbe case of Mottu v. Davis, 151 N. C., 237, that we do not think further comment is at tbis time either necessary or desirable.

We agree witb bis Honor below, however, that tbe defendant is precluded from availing himself of any such plea in tbe present case by the judgment of tbe South Dakota court denying bis application to set aside tbe…

2Cases cited16 opinions

  1. Norris v. HarrisCalifornia Supreme Court · 1860
  2. Tyler v. . CapehartSupreme Court of North Carolina · 1899
  3. Tuttle v. . HarrillSupreme Court of North Carolina · 1881
  4. Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
  5. Mottu v. Davis.Supreme Court of North Carolina · 1909

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3Cited by11 opinions

  1. Henderson v. HendersonSupreme Court of North Carolina · 1950
  2. Cody v. . HoveySupreme Court of North Carolina · 1941
  3. Cox v. . BoydenSupreme Court of North Carolina · 1914
  4. State v. TaylorSupreme Court of North Carolina · 1949
  5. Moody v. . WikeSupreme Court of North Carolina · 1915

6 more not listed; retrieve them via the Exa API.

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