Johnston County NcArchives Court.....A. B. Vinson, George F. Uzzle & Co. V. 1892
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Source: N C Reports
Written: 1892

George F. Uzzle & Co. v. A. B. Vinson

Judgment, Confession - Irregularity - Fraud - Parties

1. A judgment may be set aside for irregularity only upon the application of a 
party thereto; if it is sought to set it aside for fraud, an independent 
action should be instituted by the party desiring such relief.

2. A confession of judgment containing a duly verified statement of defendant 
that the amount for which the judgment was authorized to be rendered 
was "$2,250, with interest at six per cent, from November 2, 1876, is justly 
due by him to the plaintiff," and "that said amount is due from him to the 
plaintiff on a bond under seal for borrowed money due and payable November 2, 
1876," is a compliance statute (The Code 571), prescribing the manner for 
confessing judgments.

This was a Motion, tried before Bryan, J., at the August Term of Johnston 
Superior Court.

It appeared upon the hearing of the motion, that on the 31st day of October, 
1891, A. B. Vinson had confessed judgment in favor of his sister Esther Vinson 
for the sum of $2,250 with interest from November 2, 1876 and that judgment 
was duly docketed in the office of the Clerk of the Court of Johnston County 
on the same day, to-wit, October 21, 1891 [sic].

The following is a copy of the judgment-roll which was introduced as evidence:

"In the Superior Court - Johnston County

Esther Vinson )
      v.      ) Judgment by Confession
A. B. Vinson  )

I, A. B. Vinson, hereby confess judgment in favor of above named plaintiff for 
the sum of twenty-two hundred and fifty ($2,250) dollars, and authorize the 
entry of judgment therefor against me, with interest at six per cent from 
November 2, 1876. This confession is for the amount due on a bond under seal 
executed by the defendant to plaintiff, dated November 1, 1876, and the 
defendant A. B. Vinson maked oath -
1. That said amount of $2,250 with interest at six per cent from November 2, 
1876, is justly due by him to the plaintiff.
2. That said amount is due to him to the plaintiff on a bond under seal for 
borrowed money due and payable November 2, 1876.
(Signed) A. B. Vinson"

North Carolina - Johnston County
A. B. Vinson being sworn says that the facts set forth in the foregoing 
confession are true.
(Signed) A. B. Vinson
Sworn to and subscribed before me, October 31, 1891
W. S. Stevens, C.S.C.

On the back of the judgment roll was endorsed:

"Upon the foregoing confession and affidavit of the defendant it is adjudged 
by the Court that the plaintiff recover of the defendant the sum of $2,250 
with interest at six per cent from November 2, 1876. This October 31, 1891, at 
4:30 o'clock P.M.
W. S. Stevens, C.S.C."

Firmly stuck to the judgment-roll with mucilage was a paper-writing in the 
following words and figures:

"$2,250
"One day after date, I promise to pay to Esther Vinson the sum of twenty-two 
hundred and fifty dollars for value received. This November 1, 1876.
(Signed) A. B. Vinson (Seal)
Witness: D. T. Vinson"

The plaintiffs obtained judgment against the defendant A. B. Vinson for the 
sum of $112 with interest from October 15, 1885, at 8 per cent. The plaintiffs 
J. M. Wilson and G. F. Uzzle also obtained other judgments against the same 
defendant (A. B. Vinson), which were docketed subsequently.

The plaintiffs J. M. Wilson and G. F. Uzzle moved to set aside the confessed 
judgment, and have the same declared void -

1. Because it did not conform to the requirements of the statute.
2. Because sufficient facts were not, by the affidavit and confession, 
disclosed to enable the Court to acquire jurisdiction.
3. Because the judgment was void upon the face of the facts set forth.

Motion dismissed. Plaintiffs excepted and appealed.

E. W. Pou for plaintiff
F. H. Busbee for defendant

NC Supreme Court Justice MacRae, J. - We are of the opinion that his Honor 
properly dismissed the motion made by Uzzle and Wilson to set aside the 
judgment confessed by A. B. Vinson in favor of Esther Vinson. 

Without any way relaxing the strictness of the rule adopted for the 
construction of these confessions of judgment, for the reasons given in the 
above-cited opinions we hold that the confession in the case before us is a 
full compliance with the terms of the statute. The bond, which is presumed to 
have been in possession of the obligee, is fully described in the affidavit, 
and a bond of the precise description of that in the confession is affixed 
thereto to make up the judgment roll. (see court case for judge's full 
findings)

No error
Affirmed

Additional Comments:
In the NC Supreme Court September Term 1892

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