Doyle v. . Brown, Guardian
Supreme Court of North Carolina
PetitioN to set aside a decree and for other relief, heard before Logan, J., at Spring Term, 1874, MeciclenbuRG Superior Court. The following are the substantial facts, as found by the Court, by consent of the parties, and sent up as part of the record. James Lonnegan died in the county of Mecklenburg, in the year 1860, seized and possessed of a house and lot in the city of Charlotte, and a tract of land in the county of Gaston.
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PetitioN to set aside a decree and for other relief, heard before Logan, J., at Spring Term, 1874, MeciclenbuRG Superior Court. The following are the substantial facts, as found by the Court, by consent of the parties, and sent up as part of the record. James Lonnegan died in the county of Mecklenburg, in the year 1860, seized and possessed of a house and lot in the city of Charlotte, and a tract of land in the county of Gaston. Lonnegan had no lineal descendants, but left brothers and sisters, and the children of brothers and sisters, as his heirs-at-law. The plaintiffs .are the nephews and…
1Opinion of the CourtReade, J.
Where a defendant has never been served with process, nor appeared in person, or by attorney, a judgment against him is not simply voidable, but void ; and it may be so treated whenever and wherever offered, without any direct proceedings to vacate it. And the reason is, that the want of service of process and the want of appearance, is shown by the record itself, whenever it is offered. It would be otherwise if the record showed service of process or appearance, when in fact there had been none. In such case the judgment would be apparently regular, and would be conclusive until by a direct…
2Cited by66 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- England v. . GarnerSupreme Court of North Carolina · 1884
- City of Monroe v. NivenSupreme Court of North Carolina · 1942
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Fowler v. FowlerSupreme Court of North Carolina · 1925
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