Bisanar v. Suttlemyre, (Nos. 495, 496.)
| Decision Date | 11 May 1927 |
| Docket Number | (Nos. 495, 496.) |
| Citation | 138 S.E. 1 |
| Court | North Carolina Supreme Court |
| Parties | BISANAR. v. SUTTLEMYRE. |
Appeal from Superior Court, Catawba County; Siler, Emergency Judge.
Action by George E. Bisanar against P. J. Suttlemyre. From the judgment, both appeal. On defendant's appeal, error. On plaintiff's appeal, remanded.
Civil action for trespass and to remove obstruction from an alleyway.
The case was referred to Hon. S. J. Ervin under the statute. Upon the coming in of the referee's report, exceptions were duly filed thereto, and heard before his honor, Walter Siler, emergency judge, at the regular December term, 1926, Catawba superior court. Near the end of the term, the judge announced from the bench the conclusions he had reached on the several matters debated, and gave intimation in a general way of the character of judgment he would render. It was thereupon agreed that the judgment might be signed out of term and out of the district. The court requested counsel for both plaintiff and defendant to draw judgment and forward same to him at his home in Pittsboro, N. C. On December 20, 1926, counsel for defendant sent to the judge a judgment, which they understood to be in keeping with his intimations, but stated that opposing counsel had not consented to it. This judgment was signed on December 23, 1926, promptly returned, and docketed.
Thereafter, on January 15, 1927, on application of plaintiff and without notice to the defendant, Judge Siler signed an order at his home, in Pittsboro, rescinding said judgment; and on February 3, 1927, at Raleigh, N. C, after notice to the defendant, and over his objection, the judge signed what is termed a final judgment in the cause, from which both sides appeal, assigning errors.
Thos. P. Pruitt and William L. Marshall, both of Hickory, and Walter C. Feimster, of Newton, for plaintiff.
E. B. Cline and Self & Bagby, all of Hickory, for defendant.
STACY, C. J. (after stating the facts as above). [1] It is the uniform holding in this jurisdiction that, except by consent, or unless authorized by statute, a judge of the superior court, even in his own district, has no authority to hear a cause, or to make an order substantially affecting the rights of the parties, outside of the county in which the action is pending. Gaster v. Thomas, 188 N. C. 346, 124 S. E. 609; Cahoon v. Brinkley, 176 N. C. 5, 96 S. E. 650; Mann v. Mann, 176 N. C. 353, 97 S. E. 175; Cox v. Boyden, 167 N. C. 320, 83 S. E. 246; Bank v. Peregoy, 147 N. C. 293, 61 S. E. 68; Godwin v. Monds, 101 N. C. 354, 7 S. E. 793; McNeill v. Hodges, 99 N. C. 248, 6 S. E. 127; Moore v. Hinant, 90 N. C. 163. See, also, Thomas v. Watkins, 193 N. C. 630, 137 S. E. 818.
Mr. Freeman in his valuable work on Judgments, vol. 1 (5th Ed.) 269, speaking to the subject of correcting judgments after term, says:
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Shaver v. Shaver
...be extended to the correction of judicial errors, so as to make the judgment different from what was actually rendered. Bisanar v. Suttlemyre, 193 N.C. 711, 138 S.E. 1; Mann v. Mann, 176 N.C. 353, 97 S.E. 175; Creed v. Marshall, 160 N.C. 394, 76 S.E. A judgment regular upon the face of the ......
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Dellinger v. Clark, 314
...during the term, or substitute another therefor, except in conformity with a proper proceeding brought for that purpose. Bisanar v. Suttlemyre, 193 N.C. 711, 138 S.E. 1; Dunn v. Taylor, 187 N.C. 385, 121 S.E. 659; Ramsour v. Raper, 29 N.C. 346. Nor may a judge of the Superior Court render j......
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In Re Reynolds' Guardianship., 309.
...said judgment in Forsyth. Cahoon v. Brinkley, 176 N. a 5, 96 S. E. 650; Gaster v. Thomas, 188 N. C. 346, 124 S. E. 609; Bisanar v. Suttlemyre, 193 N. C. 711, 138 S. E. 1. Hence the sole question before the chancellor was whether the minor, Anne Cannon Reynolds II, had the right to proceed t......
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Chappell v. Stallings
...permitted by statute, the judge can make no orders in a cause outside of the county in which the action is pending. Bisanar v. Settlemyre, 193 N.C. 711, 138 S.E. 1; Parker v. McPhail, 112 N.C. 502, 16 S.E. 848; Gatewood v. Leak, 99 N.C. 363, 6 S.E. 706; McNeill v. Hodges, 99 N.C. 248, 6 S.E......