Cox v. Boyden
Supreme Court of North Carolina
Civil actioN, heard by Adams, J., at September Term, 1917, of Fob-syti-i. This is a motion to set aside a judgment rendered at August Term, 1913, in the above entitled cause. The following are tbe facts as'found and recited by Judge Adams in tbe judgment rendered by him: “This cause was instituted in Surry County, and Judge Lyon rendered a judgment herein in tbe county of Forsytb at tbe December Term, 1911, purporting to be by consent of tbe parties.
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Civil actioN, heard by Adams, J., at September Term, 1917, of Fob-syti-i. This is a motion to set aside a judgment rendered at August Term, 1913, in the above entitled cause. The following are tbe facts as'found and recited by Judge Adams in tbe judgment rendered by him: “This cause was instituted in Surry County, and Judge Lyon rendered a judgment herein in tbe county of Forsytb at tbe December Term, 1911, purporting to be by consent of tbe parties. At tbe October Term, 1913, O. Y. S. Boyden entered-a motion on notice to set aside tbis judgment on. tbe ground that it was made without her…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe defendant excepts to tbe judgment upon tbe grounds tbat sbe was deprived of tbe benefit of our decision in tbis case at a former term (167 N. 0., 320), and tbat tbe presiding judge did not consider tbe fact tbat tbe judgment of August Term, 1913/ reversed tbat decision. We do not perceive bow either 'objection is possibly tenable or bas any merits. Judge Adams gave her tbe full benefit of oxir former decision, by wbicb sbe was only entitled to bave it ascertained by tbe Superior Court wbetber sbe bad in fact assented to tbe judgment rendered by Judge…
2Cases cited6 opinions
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Harris v. . SmithSupreme Court of North Carolina · 1907
- Williamson v. . BittingSupreme Court of North Carolina · 1912
- In Re Inheritance Tax, Baugham's EstateSupreme Court of North Carolina · 1916
- Wayne County Drainage District, No. 1 v. ParksSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
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