Hopkins v. Hopkins

Supreme Court of North Carolina

Hopkins v. Hopkins

151 S.E.2d 11, 268 N.C. 575, 1966 N.C. LEXIS 1264

CourtSupreme Court of North Carolina

DecidedNovember 23, 1966

StatusPublished

Cited by2 cases

This text of 151 S.E.2d 11 (Hopkins v. Hopkins) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hopkins v. Hopkins, 151 S.E.2d 11, 268 N.C. 575, 1966 N.C. LEXIS 1264 (N.C. 1966).

Pincite

Opinion

Per Curiam.

The judgment of absolute divorce entered 6 June 1966 was vacated by Judge Latham during term.

During a term of court a judgment is said to be within the breast of the court, and it may be changed at any time. McIntosh, N. C. Practice and Procedure, Judgments, § 1712, p. 162.

It has been the settled rule for some time that any order or decree made was, during the term, in fieri, and that the court during the term could vacate or modify the same. Gwinn v. Parker, 119 N.C. 19, 25 S.E. 705.

Affirmed.

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