Phillips v. . Ray

129 S.E. 177, 190 N.C. 152, 1925 N.C. LEXIS 31

• Court: Supreme Court of North Carolina
• Decided: September 23, 1925
• Status: Published

Opinion

Per Curiam.

It was error for the Superior Court of Johnston County, at December Term, 1922, to render judgment, upon the certificate from the Supreme Court, contrary to the provisions of the judgment rendered at April Term, 1922, and affirmed upon appeal to the Supreme Court, with respect to the costs. Said judgment was erroneous; it could not be corrected, at a subsequent term of the said court. It could have been corrected only by appeal to the Supreme Court. The judgment is not irregular; nor is it contended or found that it was taken against defendants through their mistake, inadvertence, surprise or excusable neglect. Defendants complain that the judgment is erroneous and ask that same be corrected. It was not, therefore, reviewable at a subsequent term of the Superior Court; Dockery v. Fairbanks, 172 N. C., 529. “A judgment of the Superior Court rendered in term by the judge can be reviewed for error only upon appeal to the Supreme Court upon .exceptions duly noted,” Duffer v. Brunson, 188 N. C., 789; Livestock Co. v. Atkinson, 189 N. C., 250; Caldwell v. Caldwell, 189 N. C., 805.

There is no error and the judgment is

Affirmed.