Henderson v. . Moore
Supreme Court of North Carolina
Civil, ActioN to correct a former judgment of tbe Court, and to stay the execution in the meantime, heard before Shaiu, J., at Fall Term, 1899, of Wilkes Superior Court.
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Civil, ActioN to correct a former judgment of tbe Court, and to stay the execution in the meantime, heard before Shaiu, J., at Fall Term, 1899, of Wilkes Superior Court. Sarah Moore had sued one N. 0. Anderson in the Justice’s (Hurt for a steer, and recovered judgment against Anderson, who appealed to the Superior Court, and gave Henderson as security on the bond to stay execution in sum of $25. Sarah Moore again got judgment in Superior Court for $10, the value of the steer and costs. Judgment was rendered against Henderson, surety on the stay bond, for $10 and the costs at Fall Term, 1890,…
1Opinion of the CourtEaiecloth, C. J.
The defendant in 1896 obtained a judgment against N. 0. Anderson on appeal from the court of a Justice of the Peace. The plaintiff was one of the sureties on the appeal bond, who' now alleges that the judgment was for an amount in excess of his liability on said appeal bond, and seeks injunctive relief against an execution issued on the said judgment.
Every judgment of a court, having jurisdiction, is presumed to have been entered agreeably to law, and until reversed or vacated, is binding on all parties to the action. Idiots, lunatics, etc., are no exception to the rule. Brittain v. Mull, 99…
2Cases cited4 opinions
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Ward v. . LowndesSupreme Court of North Carolina · 1887
- Brittain v. . MullSupreme Court of North Carolina · 1888
- Foard v. . AlexanderSupreme Court of North Carolina · 1870
3Cited by12 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Mills v. RichardsonSupreme Court of North Carolina · 1954
- Abernethy Land & Finance Co. v. First Security Trust Co.Supreme Court of North Carolina · 1938
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Finger v. . SmithSupreme Court of North Carolina · 1926
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