Massie v. . Hainey
Supreme Court of North Carolina
Appeal'by plaintiffs from 0. H. Allen, Jat October Term, 1913, of SampsoN. ! Cause beard.on motion to set aside judgment.
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Appeal'by plaintiffs from 0. H. Allen, Jat October Term, 1913, of SampsoN. ! Cause beard.on motion to set aside judgment. On tbe bearing it was properly made to appear tbat, heretofore, in 1908, an action of claim and delivery was instituted in tbe cause in tbe name of plaintiffs and by tbeir agent, one D. A. Sbaw, against defendant, and certain personal property was seized therein by tbe sheriff, and, at tbe return or trial term, towit, in May, 1910, no complaint in tbe action having been filed, it was adjudged' tbat tbe property seized should be returned, and, in default thereof, tbat…
1Opinion of the Court
IIoke, J.,
after stating tbe case: There are several decisions of this Court in support of tbe position that a final judgment terminating a cause may not be vacated or materially altered at. a subsequent term except by an independent action; a principle more especially insistent where tbe judgment has been in whole or in part performed, as in England v. Garner, 84 N. C., 213; but this must ordinarily be understood in reference to cases where it is sought to disturb tbe judgment by reason of facts dehors tbe record and affecting tbe substantial rights of tbe parties as between themselves. Even…
2Cases cited15 opinions
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