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63 N.C. 502

Murphy v. . Merritt

Supreme Court of North Carolina

Decided June 5, 1869

Supreme Court of North Carolina · decided 1869-06-05

Motion to set .aside a judgment, heard by Russdl, J., at Spring Term 1869 of the Superior Court of Sampson. The defendant’s counsel moved-to, set..aside a judgment rendered in an action of irouer,.at Pall Term .1867 .-in favor of the -plaintiff. The judgment had been entered by ¡consent of-the •defendant’s .counsel.

Cited by 2 later decisions — most recently June 1870

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-05

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Reade, J.

¶1 It is settled that a regular final judgment can mot be set aside at a subsequent term on motion. , The judgment in this case was regular, and had the additional force of being by consent of parties. The fact that the defendant’s counsel consented under the false representation of a third person that his client was willing to pay it, makes no difference.

¶2 The effect of the appeal from the order vacating the judgment, was to leave the judgment and execution in full force; and the money raised under the execution will be paid over to the plaintiff. There was error. Judgment here for the plaintiff for costs.

¶3 Per Curiam. Judgment accordingly.

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