Graves v. . Reidsville
Supreme Court of North Carolina
MotioN to set aside three several judgments on a money demand entered against defendant lodge and others, heard on appeal from a justice’s court before Webb, J., at February Term, 1921, of EockiNgham. The justice having set aside judgment for lack of service, and on allegations tending to establish fraud.
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MotioN to set aside three several judgments on a money demand entered against defendant lodge and others, heard on appeal from a justice’s court before Webb, J., at February Term, 1921, of EockiNgham. The justice having set aside judgment for lack of service, and on allegations tending to establish fraud. On appeal, his Honor being of opinion that the justice was without jurisdiction to entertain the motion for the reason that an issue of fraud was involved, dismissed the proceedings. The ruling of his Honor, and the reason for it, are more fully embodied in the judgment as follows: “The…
1Opinion of the CourtHoice, J.
It is the accepted principle here and elsewhere that a judgment in personam without voluntary appearance or service of process within the jurisdiction is void, and where the fact appears on inspection of the record, such a judgment may be treated as a nullity, or it will be set aside on motion and the party charged allowed to make his defense. And where the lack of service does not so appear, but is established, the party affected may have the same set aside on motion in the cause, that his defense may be considered and passed upon. Herndon v. Autry, 181 N. C., 271; Stocks v. Stocks, 179 N.…
2Cases cited8 opinions
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Flowers v. . KingSupreme Court of North Carolina · 1907
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Downing v. . WhiteSupreme Court of North Carolina · 1936
- Casey v. . BarkerSupreme Court of North Carolina · 1941
- Denton v. . VassiliadesSupreme Court of North Carolina · 1937
- Adams v. . CleveSupreme Court of North Carolina · 1940
3 more not listed; retrieve them via the Exa API.