¶1delivered the opinion of the Court:— It cannot be seriously contended, that the judgment in this case is regular and legal. What authority has the clerk to enter up judgment where there is no Court ? It is his business to record the proceedings of the Court; but the rendering of a judgment, is a judicial act, to be done by the Court only. The judgment is irregular and must be set aside.
6 N.C. 181
Mathews v. Moore
Supreme Court of North Carolina
Decided July 15, 1812
Supreme Court of North Carolina · decided 1812-07-15
<p>Judgment set aside upon motion for irregularity. Judgments confessed before tlie Clerk, where there is no Court, are irregular, and will be set aside upon motion. The rendering of a judgment, is a judicial act to be done by tlie Court only.</p>
Decided 1812-07-15