Opinion
(December Term, 1832.)
The Superior Courts have a discretion to expunge an order made during the term, and an error in its exercise cannot be examined upon appeal.
IN this case the plaintiff, on the first day of JOHNSTON Superior Court, went to the clerk's office, paid the costs of the suit, and directed him to dismiss it, which was accordingly done. Afterwards, by the direction of Daniel, J., the entry was expunged, and the cause placed on the trial docket. The defendant, by leave of the court, appealed under the Act of 1831, ch. 34, allowing appeals from interlocutory orders.
Badger for plaintiff.
Devereux contra.
The records of the court are the memorials of its transactions. Those transactions, thus entered, can be altered or expunged by the court any time during the term they are entered as in its discretion it may think proper, just or right. The order made in the present case was one of those which the Superior Courts have a discretion to allow or refuse. It is an order which this Court cannot interfere with, and must stand. I myself, as judge of the Superior Court, made it, but now, on further reflection, I think I erred in so doing, as it (365) did not appear that the plaintiff was induced to consent that the clerk should make the entry by any fraud or contrivance practiced on him, or that it was made under any mistake of his rights. A procedendo must be awarded.
PER CURIAM. Procedendo awarded.
Cited: Bright v. Sugg, 15 N.C. 494; Halyburton v. Carson, 80 N.C. 17; Cook v. Telegraph Co., 150 N.C. 429.