Peoples v. . Norwood
Supreme Court of North Carolina
This was a motion to set aside a judgment heretofore rendered in the Superior Court of Granville.county, for irregularity, heard by Shepherd, Judge, at Spring Term, 1885, of said Court. The facts were as follows; It appears that on the 27th day of November, 1874, the Court of Probate of the county of Granville, made an order whereof th.e following is a copy : “ Whereas, Nathaniel M. Norwood, guardian to Charles H.' Gregory, Robert FT. Gregory and Wm.
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This was a motion to set aside a judgment heretofore rendered in the Superior Court of Granville.county, for irregularity, heard by Shepherd, Judge, at Spring Term, 1885, of said Court. The facts were as follows; It appears that on the 27th day of November, 1874, the Court of Probate of the county of Granville, made an order whereof th.e following is a copy : “ Whereas, Nathaniel M. Norwood, guardian to Charles H.' Gregory, Robert FT. Gregory and Wm. D. Gregory, has failed to exhibit his account to the Judge of Probate as required by §§55 and 56 of an act concerning guardians and wards : It…
1Opinion of the CourtMerrimon, J.
(after stating the case). The judgment in question was irregular, but not void. The appellants and appel- lee were before the Court, iu the attitude of adversary parties litigant, for several years, and respectively all the time represented by counsel, cognizant of all that was done in the matter, and especially at the term of the Court at which the judgment was granted and entered, the appellee’s counsel was present and had knowledge of it. Although the matter that went up from the Court of Probate to the Superior Court, was not such as in the ordinary course of procedure could entitle the…
2Cases cited5 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Weaver v. . JonesSupreme Court of North Carolina · 1880
- Koonce v. . ButlerSupreme Court of North Carolina · 1881
- Foreman v. . BibbSupreme Court of North Carolina · 1871
3Cited by23 opinions
- In re K.J.L.Supreme Court of North Carolina · 2009
- Boseman v. JarrellSupreme Court of North Carolina · 2010
- McMillan v. . ReevesSupreme Court of North Carolina · 1889
- McLeod v. Graham.Supreme Court of North Carolina · 1903
- Everett v. ReynoldsSupreme Court of North Carolina · 1894
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