Rush v. Halcyon Steamboat Co.
Supreme Court of North Carolina
Motion by the defendants after due notice to the plain-, "tiff, to set aside the judgment rendered at the last (June,) 'Term of this Court, and the execution thereon issued. See '67 N. C. Rep. 47. The grounds for the motion is sufficiently set out in the
1Opinion of the CourtRodman, J.
At the last term of this Court, judgment •'-was given against defendants, (67 N. O. 47), and the clerk, without any particular directions from the Court, and without the matter having been considered, but in pursuance of the practice before C. C. P., entered judgment as of course, also against the sureties of the defendant on his appeal from the justice of the peace, both for the plaintiff’s demand, and for the costs of this Court.
The defendants now move:
1. To vacate the judgment both as against them and as against their sureties, because this Court has no power in any case on an appeal, to…
Also in this document: Per curiam.
2Cases cited1 opinion
- Isler v. . BrownSupreme Court of North Carolina · 1872
3Cited by2 opinions
- Murrill v. . MurrillSupreme Court of North Carolina · 1884
- Rush v. . Steamboat CompanySupreme Court of North Carolina · 1872