Legal Opinion

Wolfe v. Davis

Supreme Court of North Carolina

Decided January 15, 1876PublishedCited by 20 opinions

MotioN in the cause, heard before Button, Jat Spring Term, 1875, of Union Superior Court. The plaintiff held a note upon both of the testators of the defendant, given during the late war, and payable in Confederate money. Both of the testators died during the war, leaving each a last will and testament, which have been duly proved in Union county.

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MotioN in the cause, heard before Button, Jat Spring Term, 1875, of Union Superior Court. The plaintiff held a note upon both of the testators of the defendant, given during the late war, and payable in Confederate money. Both of the testators died during the war, leaving each a last will and testament, which have been duly proved in Union county. The defendant Cureton qualified as the executor of W. J. Cureton, and the defendant Yarboro qualified as the executrix of G-. W. Yarboro. The plaintiff instituted an action against the defendant at Fall Term, 1867, of Union Superior Court. The case…

1Opinion of the CourtReade, J.

A judgment, however err/wem/e, rendered at one term, cannot be set aside at a subsequent term. But a judgment irregular, rendered at one term may be set aside at a subsequent term. (We are not speaking of the power under the Code of Civil Procedure to vacate a judgment within a year for mistake, &c., which is not applicable to our case.) An erroneous judgment is one rendered according to the course and practice of the courts, but contrary to law; as where it is for one party, when it ought to be for the other; or for two little, or too much. An irregular judgment is one contrary to the course…

2Cases cited1 opinion

  1. Cowles, Adm'r v. . Hayes and AnotherSupreme Court of North Carolina · 1873

3Cited by20 opinions

  1. Moore v. . GidneySupreme Court of North Carolina · 1876
  2. Becton v. Dunn.Supreme Court of North Carolina · 1905
  3. May v. Stimson Lumber Co.Supreme Court of North Carolina · 1896
  4. Henderson v. HendersonSupreme Court of North Carolina · 1950
  5. Finger v. . SmithSupreme Court of North Carolina · 1926

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