Chavis v. . Brown
Supreme Court of North Carolina
MotioN to set aside judgment made in tbe Superior Court, Hertford County, and beard before bis Honor, 0. II. Allen, Judge, at February Term, 1917.. On tbe bearing it appeared that theretofore, to wit, at Fall Term, 19 IS, plaintiff bad recovered judgment against defendants in tbe sum of $3,029.94; that defendants appealed to Supreme Court.
Read the full summary
MotioN to set aside judgment made in tbe Superior Court, Hertford County, and beard before bis Honor, 0. II. Allen, Judge, at February Term, 1917.. On tbe bearing it appeared that theretofore, to wit, at Fall Term, 19 IS, plaintiff bad recovered judgment against defendants in tbe sum of $3,029.94; that defendants appealed to Supreme Court. After argument in this Court, and pending tbe term, counsel for plaintiff and defendant compromised tbe matter involved for $2,000, and judgment was thereupon entered here in form as follows: “In tbe cause of W. A. Chavis v. C. G-. Parker and A. M. Brown,…
1Opinion of the CourtHoke, J.
It is settled with us, both-by statute and approved precedent, that this Court on appeal may enter final judgment if it sees proper to do so on perusal of the record. Griffin v. R. R., 150 N. C., 312; Industrial Siding Cases, 140 N. C., 239; R. R. Connection Case, 137 N. C., 1; Revisal, sec. 1542.
In recognition and pursuance of this principle, the judgment entered here, embodying the compromise, was a judgment final by consent, modi: fying the judgment formerly entered, and certified to the court below for the purposes of enforcement.
This being, in our opinion, the correct estimate of the…
2Cases cited12 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Durant v. Essex Co.Supreme Court of the United States · 1880
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Massie v. . HaineySupreme Court of North Carolina · 1914
- Corporation Commission v. Railroad—"Industrial Siding Case"Supreme Court of North Carolina · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- King v. . KingSupreme Court of North Carolina · 1945
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Ex Parte JohnsonSupreme Court of North Carolina · 1971
- Greenhill v. CrabtreeCourt of Appeals of North Carolina · 1980
4 more not listed; retrieve them via the Exa API.