Syme v. . Trice
Supreme Court of North Carolina
MotioN in the cause to set aside a judgment, heard before Graves, Judge, on appeal from the clerk, at February Term, 1885, of Wake Superior Court.
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MotioN in the cause to set aside a judgment, heard before Graves, Judge, on appeal from the clerk, at February Term, 1885, of Wake Superior Court. The plaintiff is the administrator of George W. Trice, who died intestate in the county of Wake before 1879. As such administrator, he brought a Special Proceeding in the Superior Court of that county, to obtain a license to sell land of his intestate to make assets to pay debts, &c.; and made Zilphia Trice, the sole heir at law of his intestate, party defendant thereto. She, having filed her answer in that proceeding, died, and thereupon the clerk…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The counsel for the appellees insisted on the argument before us, that the special proceeding having been determined — completely ended — a motion could not be made in the proceeding to set the judgment aside for irregularity, and that the proper and only remedy in such case must be by a new and independent action. This is a misapprehension of the law. It is well settled practice, to move in the action or proceeding to set aside a judgment in it, made because of irregularity, and this is so, whether the irregularity appears upon the face of the record…
2Cases cited5 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Morris v. . GentrySupreme Court of North Carolina · 1883
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Turner v. . DouglassSupreme Court of North Carolina · 1875
3Cited by18 opinions
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
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