Crow v. . McCullen

We are constrained to bold tbat tbe judge erred in entering tbe judgment setting aside for newly discovered evidence tbe judgment theretofore entered by him in favor of tbe plaintiff.

Tbe judgment signed 11 February, 1941, and docketed 14 February, 1941, was signed out of term and out of tbe county by consent of tbe parties, but when docketed it became a judgment as of tbe January Term, 1941. Tbe January Term, 1941, expired 20 January, 1941. In tbe absence of any preservation by agreement of tbe right to move to set aside tbe judgment at a subsequent term, tbe judge was without authority to…