Moore v. Humphrey

The judgment attacked by appellants was entered by Judge Carr at June Civil Term, 1957, at the conclusion of a contested jury trial. It was based on the verdict, on the stipulations and on plaintiff’s $12,000 undertaking, admittedly signed by the Hunts as sureties.

Plaintiff’s appeal was not perfected. If the judgment was erroneous, that is, based upon an erroneous application of legal principles to the established facts, it could be corrected only by this Court on appeal or on certiorari. Mills v. Richardson, 240 N.C. 187, 81 S.E. 2d 409, and authorities cited.

This appeal presents this…