Halyburton v. . Carson
Supreme Court of North Carolina
Appeal from an order made at spring term, 1878, of McDowell superior, court, by Cloud, J. \ . Upon complaint and answer and the report of a referee filed in the cause, His Honor on motion of plaintiffs’ attorney, gave judgment against defendant. And on a subsequent day of the same term, on motion of defendant’s attorney, His Honor ordered that said judgment be vacated on the ground that the court erred in granting it, and from, this the plaintiffs appealed.
1Opinion of the CourtAshe, J.
The only question presented for the consideration and decision of this court in this voluminous record of' seventy-two pages is, whether a judge of a superior court has the power to vacate a judgment rendered by him during the same term.
It is familiar learning that all the proceedings of a court of record are in fieri — under the absolute control of the-judge, subject to be amended, modified or annulled at any time before the expiration of the term in which they are had or done.
Faircloth v. Isler, 76 N. C. 49; Dick v. Dickson, 63 N. C. 488; Sneed v. Leigh, 3 Dev. 364; Coke upon Littleton 1st…
2Cases cited2 opinions
- Dick v. . DicksonSupreme Court of North Carolina · 1869
- Faircloth v. . IslerSupreme Court of North Carolina · 1877
3Cited by2 opinions
- State v. Schenck.Supreme Court of North Carolina · 1905
- Cook v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909