Legal Opinion

Horne v. . Edwards

Supreme Court of North Carolina

Decided May 24, 1939PublishedCited by 28 opinions

1Opinion of the CourtSea well, J.

The complaint seems to have omitted no word necessary to the legal denunciation of the fraud which plaintiff conceives was committed against him in the procurement of the judgment which he seeks to have vacated. But, as was necessary to good pleading, he set up the facts constituting the alleged fraud; McNeill v. Thomas, 203 N. C., 219, 165 S. E., 712; Colt v. Kimball, 190 N. C., 169, 129 S. E., 406; and this brings it within a classification that is not particularly helpful to him in this proceeding. It has been held by much the greater weight of authority in American courts that equity will…

2Cases cited14 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Pico v. CohnCalifornia Supreme Court · 1891
  3. Pearce v. MulfordSupreme Court of the United States · 1880
  4. Colt v. . KimballSupreme Court of North Carolina · 1925
  5. McCoy v. . JusticeSupreme Court of North Carolina · 1930

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3Cited by28 opinions

  1. Johnson v. Herbie's PlaceCourt of Appeals of North Carolina · 2003
  2. Carpenter v. CarpenterSupreme Court of North Carolina · 1956
  3. Thrasher v. ThrasherCourt of Appeals of North Carolina · 1969
  4. Gillikin v. SpringleSupreme Court of North Carolina · 1961
  5. Stokley v. StokleyCourt of Appeals of North Carolina · 1976

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