Morris v. . Patterson
Supreme Court of North Carolina
Appeal by defendant from Lome, Jat September Term, 1920, of RANDOLPH. At March Term, 1918, there was an action pending in the Superior Court of Randolph brought by Mattie L. Morris against her husband, J. B. Morris, the plaintiff in this case, asking for a divorce from bed and board, and to be allowed to live separate and apart from her husband.
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Appeal by defendant from Lome, Jat September Term, 1920, of RANDOLPH. At March Term, 1918, there was an action pending in the Superior Court of Randolph brought by Mattie L. Morris against her husband, J. B. Morris, the plaintiff in this case, asking for a divorce from bed and board, and to be allowed to live separate and apart from her husband. At that term a consent judgment was entered, and signed by Jones, J., reciting that the jury had been impaneled, and both parties being present and represented by counsel, and it being shown to him that they had arranged and settled their controversy,…
1Opinion of the Court
Olakk, O. J.
A consent judgment is simply a contract of record, entered with the approval of the court. In Bank v. Comrs., 119 N. C., 226, it is held: “Consent judgments are, in effect, merely contracts of parties, acknowledged in open court, and ordered to be recorded. As such, they bind the parties thereto as fully as other judgments,” provided the parties had the authority to make such contract. This has been often affirmed since.
The only question for our consideration is the power of the husband and wife to make such contract. In Cram v. Cram, 116 N. C., 294, the Court held that our…
2Cases cited19 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Cram v. . CramSupreme Court of North Carolina · 1895
- Smith v. . KingSupreme Court of North Carolina · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Holden v. HoldenSupreme Court of North Carolina · 1956
- McRary v. . McRarySupreme Court of North Carolina · 1948
- Keen v. ParkerSupreme Court of North Carolina · 1940
- McRary v. McRarySupreme Court of North Carolina · 1948
- Keen v. . ParkerSupreme Court of North Carolina · 1940
18 more not listed; retrieve them via the Exa API.