Nicholson v. . Cox
Supreme Court of North Carolina
Motion under section 133 of the Code to set aside a judgment, heard at Spring Term, 1880, of Perquimans Superior Court, before Graves, J. The facts in the case are sufficiently stated by Mr. Justice Dillard in delivering the opinion of 'this court. The feme defendant, Mrs. Jordan, appealed from the judgment below.
1Opinion of the CourtDillard, J.
The defendant, M. I. Jordan, wife of A. S. Jordan, and her husband, became sureties to the bond of Cox as sheriff, and the execution of the bond by the wife was without the written assent of her husband, and the sheriff having made default in not paying over the county taxes to the plaintiff as treasurer, a suit was instituted and the summons was returned into court with an admission of service endorsed thereon, subscribed by Jordan and his wife in their proper handwritings. The suit went to judgment by default and thereupon the defendant M. I. Jordan moved to vacate the judgment as to…
2Cases cited2 opinions
- Moore v. . GidneySupreme Court of North Carolina · 1876
- Allen v. . Shields, Adm'r. .Supreme Court of North Carolina · 1875
3Cited by3 opinions
- Hughes v. . PritchardSupreme Court of North Carolina · 1910
- Johnson v. . FutrellSupreme Court of North Carolina · 1882
- Godwin v. . MondsSupreme Court of North Carolina · 1890