Ladd v. Teague
Supreme Court of North Carolina
Claim and Deliybey PROCEEDINGS, and motion to set aside a judgment rendered therein, by Norwood, J., ait Pali Term, 1897, in favor of plaintiff, beard before Goble, J., at Pali Team, 1899, of the Superior Court of SwaiN County. The ground of the motion was that the judgment was rendered out of term time, under what purported to be a consent order, the defendant having no counsel. The motion was allowed, and plaintiff appealed.
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Claim and Deliybey PROCEEDINGS, and motion to set aside a judgment rendered therein, by Norwood, J., ait Pali Term, 1897, in favor of plaintiff, beard before Goble, J., at Pali Team, 1899, of the Superior Court of SwaiN County. The ground of the motion was that the judgment was rendered out of term time, under what purported to be a consent order, the defendant having no counsel. The motion was allowed, and plaintiff appealed. Case on appeal settled by Goble, as follows: This was a motion heard before Goble, Jat Pali Term, 1899, of the Superior Court of Swain County to vacate and set aside a…
1Opinion of the CourtFaircloth, C. J.
Tbe plaintiff instituted, this action on September 9, 1896, in the Superior Court of Buncombe County, against the defendant Teague, alone, Sheriff of Swain County, returnable to December Term, 1896, for certain property and for damages, which property was. held by the defendant by levy under certain executions in his hands. At the return term, to-wit, December 8, 1896, the defendant signed and filed an affidavit for the removal of said action to Swain County for trial, suggesting that the execution and attaching creditors ought to be made parties. The action at that term was removed to Swain…
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