Mabry v. . Erwin , 78 N.C. 45 ( 1878 )

An irregular judgment may be set aside at any time, but a regular judgment cannot be set aside after the term of the court which rendered it. So the law stood before C. C. P., and so it stands now, except that under C. C. P., sec. 133, even a regular judgment may be set aside for mistake, inadvertence, surprise, or excusable neglect of the party against whom it is rendered, if motion is made within on year.

More than a year had expired before the motion was made in this case, and, therefore, it cannot be allowed.

PER CURIAM. Affirmed.

Cited: Askew v. Capehart, 79 N.C. 19; Monroe v. Whitted, ib., 510;University v. Lassiter, 83 N.C. 42; Mabry v. Henry, ib., 299; McLean v.McLean, 84 N.C. 369; Stradley v. King, ib., 639; Wynne v. Prairie,86 N.C. 77; Roger v. Moore, ib., 88; Parker v. Bledsoe,87 N.C. 244; Cook v. Moore, 100 N.C. 295.

(47)