Davis v. Jenkins

Supreme Court of North Carolina
Davis v. Jenkins, 80 S.E.2d 257 (N.C. 1954)
239 N.C. 533; 1954 N.C. LEXIS 393
DeNNY

Davis v. Jenkins

Opinion

DeNNY, J.

The ruling of the court below was correct. The plaintiff’s exclusive remedy with respect to the judgment entered at the April Term, 1953, of the Superior Court of Nash County, was by appeal. Having-failed to perfect her appeal in the manner required by the rules of this Court, and her application for writ of certiorari having been denied, the litigation involved in the action was at an end. In such cases, a judgment entered by one judge of the Superior Court may not be modified, reversed or set aside by another Superior Court judge. Neighbors v. Neighbors, 236 N.C. 531, 73 S.E. 2d 153; Davis v. Land Bank, 217 N.C. 145, 7 S.E. 2d 373; Newton v. Mfg. Co., 206 N.C. 533, 174 S.E. 449 ; Price v. Insurance Co., 201 N.C. 376, 160 S.E. 367.

The judgment entered below is

Affirmed.

Reference

Full Case Name
IREDELL TAYLOR DAVIS v. N. B. JENKINS and Wife, SARAH F. JENKINS, BERTRAM W. JENKINS and Wife, LOUISE T. JENKINS, SADIE JENKINS HARMON and Husband, J. OBIE HARMON
Cited By
7 cases
Status
Published