Jacobs v. . Burgwyn
Supreme Court of North Carolina
MotioN to set aside a judgment and the execution thereupon,, allowed by Buxton, J., at Spring Term 1868, of the Superior Court of Northampton. The facts were that the docket of the Court at Fall Term1. 1863, showed an entry upon the Trial Docket of the word “ Judgment.” At Pall Term 1864, there was an entry of “ Judgment $1,469.40, P. M. $495.43 int., with interest from 31st October, 1864, until paid.”
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MotioN to set aside a judgment and the execution thereupon,, allowed by Buxton, J., at Spring Term 1868, of the Superior Court of Northampton. The facts were that the docket of the Court at Fall Term1. 1863, showed an entry upon the Trial Docket of the word “ Judgment.” At Pall Term 1864, there was an entry of “ Judgment $1,469.40, P. M. $495.43 int., with interest from 31st October, 1864, until paid.” The Clerk proved that he' brought forward the case from Pall Term 1863, because he-did not know what else to do, and that the entry purporting, to have been made at Pall Term 1864, was not made…
1Opinion of the CourtRodmaN, J.
This case came up by appeal from the decision of the Judge on a motion to set aside a judgment and execution as irregular. At Fall Term 1863, of the Superior Court of Law for Northampton county, the action stood for trial, and an entry was made, “Judgment.” The case and this entry were brought forward to Fall Term 1864. No Courts were held in that county during 1865. On the 8th March 1866, the plaintiff filed the notes declared on, with the. clerk, who thereupon extended his memorandum of “ Judgment ” into a_ formal judgment, as of Fall Term 1864. We think this was not irregular. The entry of…
2Cited by4 opinions
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Taylor v. . ErvinSupreme Court of North Carolina · 1896
- McIntyre v. . GuthrieSupreme Court of North Carolina · 1870