Legal Opinion

Jones v. STATESVILLE ICE AND FUEL COMPANY

Supreme Court of North Carolina

Decided April 10, 1963No. 309PublishedCited by 12 opinions

1Opinion of the CourtDenny, C.J.

The question presented for determination on this appeal is whether a judgment by default and inquiry should be set aside for excusable neglect where the defendant turned the entire responsibility -of handling the defense of a law -suit over to his wife upon her assurance that she would look after it, but neither the defendant nor his wife did anything about the matter until after the judgment by default and inquiry had been entered.

It is .provided in G.S. 1-220, in pertinent part, as follows: “The judge shall, upon such.terms as may be just, at any time within one year after notice thereof,…

2Cases cited13 opinions

  1. Pepper v. Clegg.Supreme Court of North Carolina · 1903
  2. Moore v. DealSupreme Court of North Carolina · 1954
  3. Johnson v. . SidburySupreme Court of North Carolina · 1945
  4. Stephens Ex Rel. Houston v. ChildersSupreme Court of North Carolina · 1952
  5. Whitaker v. . RainesSupreme Court of North Carolina · 1946

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Kirby v. ASHEVILLE CONTRACTING COMPANYCourt of Appeals of North Carolina · 1971
  2. Howard v. WilliamsCourt of Appeals of North Carolina · 1979
  3. Doxol Gas of Angier, Inc. v. BarefootCourt of Appeals of North Carolina · 1971
  4. Duckworth v. CollierCourt of Appeals of Georgia · 1982
  5. Mayhew Electric Co. v. CarrasCourt of Appeals of North Carolina · 1976

7 more not listed; retrieve them via the Exa API.

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