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Levin v. Gladstein

North Carolina Supreme Court
142 N.C. 482, 55 S.E. 371, 32 L.R.A.N.S. 905, 115 Am. St. Rep. 747 (1906)

Written by Mary Phelan D'Isa, JD

Facts

Philip and Simon Levin obtained a Maryland judgment against Gladstein. When the Levins attempted to enforce the Maryland judgment in North Carolina, Gladstein objected that the Maryland judgment was not entitled to full faith and credit in North Carolina because it was procured by fraud. The Levins contended that if Gladstein wanted to defend on the grounds of fraud, that could only be done in Maryland. After a jury found that the prior judgment was procured by fraud, the North Carolina court ruled for Gladstein, and the Levins appealed.

Rule of Law

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Issue

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Holding and Reasoning (Gray, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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