Bond v. . Wool

18 S.E. 77, 113 N.C. 20

• Court: Supreme Court of North Carolina
• Decided: September 5, 1893
• Status: Published

Opinion

Claric, J.:

While it is more regular and, for many reasons, the better course, that judgments should always be signed by the Judge, it has been repeatedly held that this is not mandatory. Matthews v. Joyce, 85 N. C., 258; Rollins v. Henry, 78 N. C., 342; Keener v. Goodson, 89 N. C., 273; Spencer v. Credle, 102 N. C., 63. The entry on the docket, “Judgment as per transcript filed from the Supreme Court,” was sufficient and a termination of the action. Besides, under the provisions of chapter 192, Acts 1887, the former judgment of the Superior Court was not vacated by the appeal — merely suspended — and the suspension was ended by the affirmation of the judgment by the Supreme Court.

The subsequent judgment in the Superior Court added no validity to the former judgment df that Court, nor to the judgment in the Supreme Court. Its office was simply formal, to direct the execution to proceed and to carry the costs subsequently accrued. No Error.