Opinion
05-19-1823
Green v. Skipwith
Judgment reversed, and cause remanded.
SYLLABUS
This was an action of debt, brought by Skipwith against Green, in the superior court of Mecklenburg. A conditional judgment was entered against Green and his appearance bail, which was confirmed on the 7th April, at the rules. On the 8th day of April following, judgment was rendered by the court, the defendant " still failing to answer the plaintiff's action."
Green obtained a supersedeas from a judge of the court of appeals.
OPINION
Brooke, Judge.
The court is of opinion, that it was error in the superior court to enter a judgment against the defendant, on the day after the conditional judgment had been confirmed at rules; the defendant having until the next term after the conditional judgment is confirmed in the office, to set it aside, under the act of assembly.
The judgment is, therefore, reversed, and the cause remanded, with liberty to the appellant to plead and set the office judgment aside, on the usual terms, or to be final, in case of his failure to set it aside.