G. W. Reid and Jacob Allen v. . Wm. Spoon

66 N.C. 415

• Court: Supreme Court of North Carolina
• Decided: January 5, 1872
• Status: Published

Opinion

BotdeN, J.

It has repeatedly ¡Peen decided by this Courty that a judgment rendered according to the course of the Court cannot be collaterally impeached. The plaintiffs showed a regular judgment taken before a Justice of the Peace, that the same or a transcript thereof, had been entered on the judgment docket of the \ Superior Court. A regular execution thereon, issued, and a sale and Sheriff’s deed. This constituted a part, of plaintiff’s alleged chain of title, but His Honor rejected this evidence on the ground that the true party in' interest, in the note sued upon, before the justice was’.not made a party plaintiff. Suppose this to be so, and the defendant might have defeated the recovery before the magis-rate by taking that objection % What difference can that make in this case ? The judgment-binds the party against whom it was given, until it is reversed, and cannot be impeached in this collateral way, the authorities cited by plain tiff’scounsel fully establish that position.

There is error. This will be certified.

Per Curiam. Judgment affirmed..