Strickland v. . Strickland
Supreme Court of North Carolina
MotioN to correct a judgment, heard before Philips, Judge, at Chambers, in Greenville, Pitt county, on the 17th of June, 1886. This was a special proceeding, brought by the plaintiffs as next of kin, of P. K. W. Strickland, deceased, to obtain an account and settlement of his estate in the hands of the defendant, his administrator.
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MotioN to correct a judgment, heard before Philips, Judge, at Chambers, in Greenville, Pitt county, on the 17th of June, 1886. This was a special proceeding, brought by the plaintiffs as next of kin, of P. K. W. Strickland, deceased, to obtain an account and settlement of his estate in the hands of the defendant, his administrator. Proper pleadings were filed, and an account was taken and stated by the Clerk, from which it appeared that a note for $525, due January 3d, 1858, against the plaintiff, W. G. N. Strickland, passed into the hands of the defendant as part of the effects of his…
1Opinion of the Court
Merrimon, J.,
(after stating the case). It seems to us clear, that the Judge misapprehended the nature and pur pose of the motion. It was not a motion to “ relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect,” nor to correct an erroneous judgment properly so denominated, nor to correct or set aside a judgment for irregularity in the course of the action, commonly called an irregular judgment, but to correct a mistake of the Court made by its inadvertence, occasioned by the inadvertence of counsel in…
2Cases cited2 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Wall v. . CovingtonSupreme Court of North Carolina · 1880
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