Murphy v. . Merritt

63 N.C. 502

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Reade, J.

It is settled that a regular final judgment can mot be set aside at a subsequent term on motion. , The judgment in this case was regular, and had the additional force of being by consent of parties. The fact that the defendant’s counsel consented under the false representation of a third person that his client was willing to pay it, makes no difference.

The effect of the appeal from the order vacating the judgment, was to leave the judgment and execution in full force; and the money raised under the execution will be paid over to the plaintiff. There was error. Judgment here for the plaintiff for costs.

Per Curiam. Judgment accordingly.