Rice v. . Gutherie
Supreme Court of North Carolina
MotioN in the cause to set aside judgment, etc., in Mam-«on Superior Court, heard before Armfield, J., at Chambers in Asheville, August 16, 1892. The facts appear in the opinion of Associate Justice ■Clark.
1Opinion of the Court
Clark, J. :
In this cause an interlocutory order of sale was made at Fall Term, 1891. At Fall Term, 1892, the report of sale came in. A motion to set aside the decree of ■sale was made and a motion to confirm the report and for final judgment. The Court confirmed the report and rendered final judgment, hut continued the motion to set aside the former decree. This was anomalous. But as there was no appeal from the final decree it was properly held by the Judge at the next term that .it would be a vain thing to consider the motion to set aside the first judgment. AVe say this much, treating the…
2Cases cited1 opinion
- Sneeden v. . HarrisSupreme Court of North Carolina · 1890