Dick v. . McLaurin .
Supreme Court of North Carolina
Motioh to set aside an irregular judgment, made before Barnes, J. at Spring Term 1868, of the Superior Court of Cumberland. The plaintiffs had sued out a writ against seven persons, including McLaurin and Dickson, returnable to Spring'Term 1867. It was returned executed against five, of whom McLau-rin and Dickson are two.
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Motioh to set aside an irregular judgment, made before Barnes, J. at Spring Term 1868, of the Superior Court of Cumberland. The plaintiffs had sued out a writ against seven persons, including McLaurin and Dickson, returnable to Spring'Term 1867. It was returned executed against five, of whom McLau-rin and Dickson are two. At the return term, three of those-taken entered pleas; and at the same time a final judgment. by default was entered against McLaurin and Dickson, and further process ordered against those not taken. • At Spring Term 1868 a nol. pros, was entered as to the two not taken,…
1Opinion of the CourtRodmaN, J.
There can be no doubt of the power of a Court to set aside an irregular judgment at any time after it is rendered. Keaton v. Banks, 10 Ire. 381. It is equally clear that the exercise of such a power is the subject of appeal. The irregularity of a judgment is matter of law, and to have .an irregular judgment set aside, is the right of every party injured by it; it is not a matter of judicial discretion.
Was the judgment in question irregular? An irregular judgment is one entered against the course and practice of the Court, Skinner v. Moore, 2 D. &. B. 138. The plaintiff’s writ was returned to…
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