Carson v. . Bunting

Clark:, C. J. This cause was decided at last term, Carson v. Bunting, 154 N. C., 530, in which we held that upon the pleadings and issues found tbe j'udgment ought to have been rendered for tbe plaintiff upon tbe second cause of action. Tbe judge below, upon tbe certificate of tbe oirinion of this Court, rendered judgment accordingly. Tbe defendant excepted to tbe judgment and appealed. This presents for our consideration only tbe form of tbe judgment rendered, which is in strict conformity with our opinion. Tbe appeal is in fact, and tbe argument of tbe defendant is so based, upon tbe ground that tbe former judgment of this Court was erroneous. No other question is presented. *30 In Roberts v. Baldwin, 155 N. C., 276, Allen, J., citing many cases, said: “It bas been repeatedly decided that a judgment of this Court cannot be reviewed- by a second appeal.” We need not discuss a decision which has been so repeatedly made. Affirmed.