King v. North Carolina Railroad
Supreme Court of North Carolina
Appeal by defendant from Long, Jat tbe April Term, 1922, of GrTFILEORD. Civil action to recover on a judgment in favor of plaintiff against defendant road for $2,500 damages for negligent billing of plaintiff’s intestate by defendant’s lessee, the Southern Eailway Company, heard on demurrer to the answer of defendant.
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Appeal by defendant from Long, Jat tbe April Term, 1922, of GrTFILEORD. Civil action to recover on a judgment in favor of plaintiff against defendant road for $2,500 damages for negligent billing of plaintiff’s intestate by defendant’s lessee, the Southern Eailway Company, heard on demurrer to the answer of defendant. From the facts as presented in the pleadings, it appears that on 3 February, 1920, plaintiff’s intestate was killed by negligence of Southern Bailroad, its employees and agents while holding the defendant’s railroad under a lease of defendant company, and operating same under…
1Opinion of the CourtHoke, J.
It appears from an inspection of the record that plaintiff holds a judgment of the Superior Court against defendant for $2,500 damages, and costs, purporting to be a final determination of the rights of these litigants, unchallenged by appeal or other procedure in the cause wherein the same was entered. The court being with us one of general jurisdiction, every reasonable intendment is presumed in favor of the validity of its judgment and the same may not be impeached *446collaterally except for lack of jurisdiction of tbe cause or tbe parties, apparent on tbe face of tbe record. Caviness v.…
2Cases cited19 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
- Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
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3Cited by2 opinions
- Miller v. First National Bank of Catawba CountySupreme Court of North Carolina · 1951
- Ray v. Pilot Fire InsuranceSupreme Court of South Carolina · 1924