Cates v. . Pickett
Supreme Court of North Carolina
MotioN in the cause to set aside a judgment, heard on appeal from the clerk, before Clark, Judge, at Chambers, on the 1st day of June, 1886. This was a motion made in the cause to set aside a sale made by the plaintiff, as administrator of E. W. Pickett, heard before Clark, Judge, at Chambers.
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MotioN in the cause to set aside a judgment, heard on appeal from the clerk, before Clark, Judge, at Chambers, on the 1st day of June, 1886. This was a motion made in the cause to set aside a sale made by the plaintiff, as administrator of E. W. Pickett, heard before Clark, Judge, at Chambers. On the 27th day of March, 1874, the plaintiff, as administrator, filed a petition in the Superior Court of the county of Orange, against the defendant, the only child and heir at law of the said E. W. Pickett, for a sale of the land belonging to the estate of his intestate, to make assets for the…
1Opinion of the Court
Davis, J.,
(after stating the facts). We think, by the well settled construction placed bjr this Court upon §387 of The Code, the irregularities in the proceeding and judgment sought to be set aside by the motion in this cause were cured, and there was no error in refusing to allow the motion.
Owing to the great change in our judicial system and practice, caused by the adoption of The Code, there was much uncertainty as to the correct mode of procedure, and many irregularities resulted from a want of familiarity with the new practice. Some legislation was absolutely necessary to cure these…
2Cases cited12 opinions
- England v. . GarnerSupreme Court of North Carolina · 1884
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Sumner v. . SessomsSupreme Court of North Carolina · 1886
- Fowler v. . PoorSupreme Court of North Carolina · 1885
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3Cited by9 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Smith v. . GraySupreme Court of North Carolina · 1895
- Dickens v. . LongSupreme Court of North Carolina · 1893
4 more not listed; retrieve them via the Exa API.