George F. Uzzle & Co. v. Vinson
Supreme Court of North Carolina
This was a MOTION, tried before Bryan, J., at the August Term of JoiinstoN Superior Court. It appeared upon the hearing of the motion, that on the 31st day of October, 1891, A. B. Vinson had confessed judgment in favor of his sister Esther Vinson for the sum of $2,250, with interest from November 2,1876, and that judgment was duly docketed in the office of the Clerk of the Court of Johnston County on the same day, to-wit, October 21, 1891. The following is a copy of the…
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This was a MOTION, tried before Bryan, J., at the August Term of JoiinstoN Superior Court. It appeared upon the hearing of the motion, that on the 31st day of October, 1891, A. B. Vinson had confessed judgment in favor of his sister Esther Vinson for the sum of $2,250, with interest from November 2,1876, and that judgment was duly docketed in the office of the Clerk of the Court of Johnston County on the same day, to-wit, October 21, 1891. The following is a copy of the judgment-roll which was introduced as evidence : “IN TI-IE SUPERIOR COURT — JohNstoN County. Ester Vinson v. A. B. Judgment…
1Opinion of the Court
MacRae, J.:
We are of the opinion that liis Honor properly dismissed the motion made by Uzzle and Wilson to set aside the judgment confessed by A. B. Vinson in favor of Esther Vinson. If the ground upon which it is sought to set it aside were irregularity only, none could be heard to impeach it upon such ground but a party thereto. Out of the many decisions to this effect, we select Dobson v. Simonton, 86 N. C., 492, and the cases there cited. ’ ’
If it were sought to vacate this judgment upon the ground of fraud, it could not be attacked by motion in the cause, but only by an independent…
2Cases cited4 opinions
- Davidson v. . AlexanderSupreme Court of North Carolina · 1881
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
- Sharp v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1890
- Davenport Morris v. . LearySupreme Court of North Carolina · 1886
3Cited by13 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Brewer v. DodsonSupreme Court of Oklahoma · 1916
- Merchants National Bank of Richmond v. Newton Cotton MillsSupreme Court of North Carolina · 1894
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