Devany v. .

Superior Court of North Carolina

Devany v. .

3 N.C. 239

DecidedJuly 5, 1803

StatusPublished

This text of 3 N.C. 239 (Devany v. .) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Devany v. ., 3 N.C. 239 (N.C. Ct. App. 1803).

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took time to consider, and discharged the supersedeas, saying that though the judgment was erroneous, he had no power to alter it.

NOTE. — Matthews v. Moore, 5 N.C. 181; Bender v. Askew, 14 N.C. 149;White v. Albertson, ibid., 241; Skinner v. Moore, 19 N.C. 138;Winslow v. Anderson, 20 N.C. 9; Dunns v. Bachelor, ibid., 52; and mark the difference between the power of the Court over erroneous and irregular judgments. The latter may be set aside at any time on motion, while the former can be only reversed, after the term at which they are given, by writ of error to a higher tribunal. *Page 223

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took time to consider, and discharged the supersedeas, saying that though the judgment was erroneous, he had no power to alter it.

NOTE. — Matthews v. Moore, 5 N.C. 181; Bender v. Askew, 14 N.C. 149;White v. Albertson, ibid., 241; Skinner v. Moore, 19 N.C. 138;Winslow v. Anderson, 20 N.C. 9; Dunns v. Bachelor, ibid., 52; and mark the difference between the power of the Court over erroneous and irregular judgments. The latter may be set aside at any time on motion, while the former can be only reversed, after the term at which they are given, by writ of error to a higher tribunal. *Page 223

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