Halyburton v. . Carson

80 N.C. 16

• Court: Supreme Court of North Carolina
• Decided: January 5, 1879
• Status: Published

Opinion

Ashe, J.

The only question presented for the consideration and decision of this court in this voluminous record of' seventy-two pages is, whether a judge of a superior court has the power to vacate a judgment rendered by him during the same term.

It is familiar learning that all the proceedings of a court of record are in fieri — under the absolute control of the-judge, subject to be amended, modified or annulled at any time before the expiration of the term in which they are had or done.

Faircloth v. Isler, 76 N. C. 49; Dick v. Dickson, 63 N. C. 488; Sneed v. Leigh, 3 Dev. 364; Coke upon Littleton 1st Am. Ed. 260 (a.)

No error. Affirmed.