Jacobs v. . T. P. and S.E. Burgwyn
Supreme Court of North Carolina
. MOTION, to set aside two judgments, disallowed by Buxton, J.T at Spring Term 1868 of the Superior Court of Northampton. The notice preliminary to the motion, was given in the names of Thomas P. Burgwyn, - a defendant in the judgments,, and also of W. W. Peebles, who was a trustee for the creditors of Burgwyn, under an assignment made by the latter after the entry of the judgment.
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. MOTION, to set aside two judgments, disallowed by Buxton, J.T at Spring Term 1868 of the Superior Court of Northampton. The notice preliminary to the motion, was given in the names of Thomas P. Burgwyn, - a defendant in the judgments,, and also of W. W. Peebles, who was a trustee for the creditors of Burgwyn, under an assignment made by the latter after the entry of the judgment. At the term when the motion was made, Mr. Burgwyn withdrew his opposition to the judgment, and thereupon, the motion, was dismissed as to him. Afterwards the motion being renewed on behalf of Mr. Peebles, the…
1Opinion of the CourtRodmaN, J.
This was a motion to set aside two judgments, the one recovered at Spring Term 1866, the other at Pall 'Term 1866, of the Superior Court of Northampton County* 'On the ground that both were recovered on the same specialty. The motion was not made by the defendants in the judgments, ■dr either of them, but by Peebles, who was an assignee from "T. P. Burgwyn of certain property.
No one but a defendant in a judgment can complain of its irregularity, Shelton v. Fels, Phil. 178; Cody v. Quinn, 6 Ire. 191.
This stands on the maxim “ quisque renunciare potesf juri ■rpro se introducto
Peebles was the…
2Cited by5 opinions
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- Knott v. . TaylorSupreme Court of North Carolina · 1888
- Hinsdale v. . HawleySupreme Court of North Carolina · 1883
- Walton v. . WaltonSupreme Court of North Carolina · 1879
- Lowery v. . LowerySupreme Court of North Carolina · 1870