Harper v. . Sugg
Supreme Court of North Carolina
This was a civil ACTION for the recovery of personal property, tried by Winston, J., at the April Term, 1892, of Greene Superior Court. At November Term, 1891, an order was made referring the ease to a referee to hear and determine the issues involved, and a report was accordingly submitted to the next term of the Court (in January, 1892); and there being no exceptions to the report, it was confirmed, and judgment rendered in favor of the defendant.
Read the full summary
This was a civil ACTION for the recovery of personal property, tried by Winston, J., at the April Term, 1892, of Greene Superior Court. At November Term, 1891, an order was made referring the ease to a referee to hear and determine the issues involved, and a report was accordingly submitted to the next term of the Court (in January, 1892); and there being no exceptions to the report, it was confirmed, and judgment rendered in favor of the defendant. And at the next term (in April, 1892), his Honor set aside said final judgment upon the ex parte affidavit of Swift Galloway, without any notice…
1Opinion of the Court
Clark, J.:
The action of the Court below was erroneous, certainly on the first of the grounds specified by the appellant.
While all orders and judgments are in fieri during the term at which they are made, and may be modified or set aside at such term without notice, after such term a final judgment cannot be set aside except upon notice given. Branch v. Walker, 92 N. C., 87; Allison v. Whittier, 101 N. C., 490; Coor v. Smith, 107 N. C., 430. This is but right and just. A judgment is finis litium, and parties are not required thereafter to keep counsel on hand at the succeeding terms of the…
2Cases cited5 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Allison v. . WhittierSupreme Court of North Carolina · 1888
- Hemphill v. MooreSupreme Court of North Carolina · 1889
3Cited by3 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Doxol Gas of Angier, Inc. v. BarefootCourt of Appeals of North Carolina · 1971
- Hemphill v. . MooreSupreme Court of North Carolina · 1889