Shaver v. Shaver

The movant, Carpenter, is a stranger to this cause. He is neither party nor privy.

The general rule is that a stranger to the record, who is neither a party nor a privy to the action, unless authorized by statute, ordinarily has no standing to vacate a judgment by a motion in the cause. Smith v. New Bern, 73 N.C. 303; Edwards v. Phillips, 91 N.C. 355; Johnson v. Johnson, 142 N.C. 462, 55 S.E. 341; In re Bank, 208 N.C. 509, 181 S.E. 621; 49 C.J.S., Judgments, p. 540; 31 Am. Jur., Judgments sec. 722; Annotations: 99 A.L.R., p. 1310; 12 A.L.R. 2d, p. 727.

This fatal defect appears on the face of…