Mathews v. Moore

6 N.C. 181
Supreme Court of North Carolina·Decided July 15, 1812·Published·Cited by 6 cases

Opinion

Haii Judge,

delivered the opinion of the Court:— It cannot be seriously contended, that the judgment in this case is regular and legal. What authority has the clerk to enter up judgment where there is no Court ? It is his business to record the proceedings of the Court; but the rendering of a judgment, is a judicial act, to be done by the Court only. The judgment is irregular and must be set aside.

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Mathews v. Moore, 6 N.C. 181 (N.C. 1812).

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