Westhall v. Hoyle.
Supreme Court of North Carolina
ActioN by W. H. Westball against J. S. Hoyle and another, heard by Judge W. B. Allen, at the December Term, 1905, of the Superior Court of Buekb, upon a motion to set aside a judgment theretofore rendered. Erom an order setting aside the judgment, the plaintiff appealed.
1Opinion of the CourtClark, C. J.
It was agreed in open court, by counsel of both parties, that this case be continued till next term upon payment of the costs of the.term by the defendants in ten days, and that if the costs were not paid within ten days the plaintiff should have judgment for the amount of his claim, and that the judgment might be signed out of term. This agreement was not reduced to writing nor entered on the minutes, but it is not denied. That judgment can be entered by consent in vacation is well settled, Bank v. Gilmer, 118 N. C., 670, and a long list of cases there cited, and many cases since.
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2Cases cited7 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Shackelford v. . MillerSupreme Court of North Carolina · 1884
- Hawkins v. . Cedar WorksSupreme Court of North Carolina · 1898
- Hairston v. . GarwoodSupreme Court of North Carolina · 1898
- Hahn v. Brinson.Supreme Court of North Carolina · 1903
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3Cited by11 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Edmundson v. EdmundsonSupreme Court of North Carolina · 1942
- Edmundson v. . EdmundsonSupreme Court of North Carolina · 1942
- Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
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