Finlayson v. American Accident Co. of Louisville
Supreme Court of North Carolina
This was a civil ACTION, heard on motion before Whitaker, J, at the September Term, 1891, of WayNE Superior Court. The action was commenced before, a Justice of the Peace, and on the 29th of December, 1890, a judgment was rendered in favor of the plaintiff, after hearing the plaintiff’s evidence, the defendant being absent and not represented by counsel.
Read the full summary
This was a civil ACTION, heard on motion before Whitaker, J, at the September Term, 1891, of WayNE Superior Court. The action was commenced before, a Justice of the Peace, and on the 29th of December, 1890, a judgment was rendered in favor of the plaintiff, after hearing the plaintiff’s evidence, the defendant being absent and not represented by counsel. Within ten days after the rendition of said judgment the defendant filed its petition to rehear said action under § 845 of The Code. The Justice heard all the affidavits offered on that point, and found that the failure of the defendant to…
1Opinion of the Court
Clabk, J.:
The defendant, who was not present at the trial before the Justice of the Peace “in person or by attorney,” moved, within ten days, to set aside the judgment for excusable neglect under § 845 of The Code. The Justice found, as a fact, there was no excusable neglect or mistake on the part of the defendant, who thereupon excepted and appealed. In the Superior Court the Judge found the facts as sent up in the case on appeal, and affirmed the ruling of the Justice.
The findings of fact by the Justice are reviewable by the Judge of the Superior Court on appeal, while findings of fact by…
2Cases cited9 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- State v. . KeeterSupreme Court of North Carolina · 1879
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
- Adrian v. . ShawSupreme Court of North Carolina · 1881
- Churchill v. . Brooklyn Life Insurance Co.Supreme Court of North Carolina · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- Ricaud v. Alderman.Supreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.