Legal Opinion

Taylor v. . Pope

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 20 opinions

MotioN, to set aside judgment, heard at Fall Term, 1889, of Cumberland Superior Court, before Shipp, J. This was a motion to set aside a judgment obtained by the plaintiffs for want of an answer, because of excusable neglect, as allowed by the statute {The.

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MotioN, to set aside judgment, heard at Fall Term, 1889, of Cumberland Superior Court, before Shipp, J. This was a motion to set aside a judgment obtained by the plaintiffs for want of an answer, because of excusable neglect, as allowed by the statute {The. Code, §274). The following is the material part of the entry and the findings of fact by the Court and its judgment thereupon: “ Motion to set aside judgment by default rendered at May Term, 1888, being the same cause heard and allowed by his Honor James E, Shepherd, .at Chambers, at Wadesboro, September 7, 1888, reported in 101 N. C.,…

1Opinion of the Court

MerrimoN, C. J.:

This Court has no authority to review, change or modify, in any respect, the findings of fact by the Court below in matters purely legal in their nature. Coates v. Wilkes, 92 N. C., 376. Eor has it such authority in motions to vacate orders of arrest, warrants of attachment, to set aside judgments because of mistakes, inadvertence, excusable neglect and the like Clegg v. Soapstone Co., 66 N. C., 391; Greensboro v. Scott, 84 N. C., 184; Burke v. Turner, 85 N. C., 500.; Hale v. Richardson, 89 N. C., 62; Winborne v. Johnson, 95 N. C., 46; Branch v. Walker, 92 N. C., 87.

The…

2Cases cited14 opinions

  1. Griel v. . VernonSupreme Court of North Carolina · 1871
  2. Branch v. . WalkerSupreme Court of North Carolina · 1885
  3. Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
  4. Burke v. . TurnerSupreme Court of North Carolina · 1881
  5. Bradford v. . CoitSupreme Court of North Carolina · 1877

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

3Cited by20 opinions

  1. Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
  2. Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
  3. Sutherland v. McLeanSupreme Court of North Carolina · 1930
  4. Michalson v. RoundtreeSupreme Court of South Carolina · 1898
  5. Sircey v. Hans Rees' SonsSupreme Court of North Carolina · 1911

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

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