Weaver v. . Roberts
Supreme Court of North Carolina
MotioN to set aside a judgment heard at Spring Term, 1880, of BunCOMbe Superior Court, before SAienck, J. Motion refused and defendant appealed.
1Opinion of the CourtRuffin, J.
This was a motion to set aside a judgment because of irregularities in the following particulars: 1st. That the affidavit of the printer, as to the publication of the summons and warrant of attachment in his newspaper, failed to state the day on which such publication began. 2nd. That the affidavit for publication was made by the attorney of the plaintiff instead of by the plaintiff in person. 3rd. That such affidavit of the attorney for publication was insufficient because it foiled to set' out the sources of his information.
When the motion was heard in the superior court the presiding judge…
2Cases cited3 opinions
- Wheeler v. . CobbSupreme Court of North Carolina · 1876
- Bruff, Faulkner & Co. v. Stern & Bro.Supreme Court of North Carolina · 1879
- Hess, Rogers Co. v. . BrowerSupreme Court of North Carolina · 1877
3Cited by1 opinion
- Martin v. Martin & Bowne Co.Court of Appeals for the D.C. Circuit · 1906