Cox v. . Boyden
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at February Term, 1914, of StJRRY. Motion to set aside judgment made in the above cause. Tbe cause was pending in tbe Superior Court of Surry County, and on inference bad, report was made and judgment entered confirming report and, among other things, ordering a sale of certain lands of N. A. Boyden, deceased, etc., and application of proceeds to creditors.
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Appeal by defendant from Devin, J., at February Term, 1914, of StJRRY. Motion to set aside judgment made in the above cause. Tbe cause was pending in tbe Superior Court of Surry County, and on inference bad, report was made and judgment entered confirming report and, among other things, ordering a sale of certain lands of N. A. Boyden, deceased, etc., and application of proceeds to creditors. This judgment was signed by bis Honor, C. C. Lyon, judge, presiding at a Superior Court of Forsyth County, December, 1911, and concludes as follows: “This judgment is signed by consent of cpunsel both…
1Opinion of the Court
HoKEj J.,
after stating the case: In Bank v. Peregoy-Jenkins Co., 147 N. C., 293, the Court held that except by consent or unless authorized by statute a judge was without power to sign a judgment affecting substantial rights of a party litigant in one county when the cause was pending in another, and, this being true, if the judgment objected to was signed without the consent of affiant or her counsel, in the county of Forsyth, when the cause was pending in the county of Surry, it is open to her to question its validity, and whether the same is void or only irregular, our decisions are to the…
2Cases cited8 opinions
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Flowers v. . KingSupreme Court of North Carolina · 1907
- Calmes v. . LambertSupreme Court of North Carolina · 1910
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3Cited by17 opinions
- Fowler v. FowlerSupreme Court of North Carolina · 1925
- King v. . KingSupreme Court of North Carolina · 1945
- Fowler v. . FowlerSupreme Court of North Carolina · 1925
- Bisanar v. . SuttlemyreSupreme Court of North Carolina · 1927
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
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