Davis v. Jenkins

80 S.E.2d 257, 239 N.C. 533, 1954 N.C. LEXIS 393

Opinion

DeNNY, J.

The ruling of the court below was correct. The plaintiff’s exclusive remedy with respect to the judgment entered at the April Term, 1953, of the Superior Court of Nash County, was by appeal. Having-failed to perfect her appeal in the manner required by the rules of this Court, and her application for writ of certiorari having been denied, the litigation involved in the action was at an end. In such cases, a judgment entered by one judge of the Superior Court may not be modified, reversed or set aside by another Superior Court judge. Neighbors v. Neighbors, 236 N.C. 531, 73 S.E. 2d 153; Davis v. Land Bank, 217 N.C. 145, 7 S.E. 2d 373; Newton v. Mfg. Co., 206 N.C. 533, 174 S.E. 449 ; Price v. Insurance Co., 201 N.C. 376, 160 S.E. 367.

The judgment entered below is

Affirmed.