Williamson v. . Cocke
Supreme Court of North Carolina
MotioN to vacate a judgment rendered against defendant individually at March Term, 1898, heard upon affidavits before Starbuclc, J., at March Term, 1899, of Buncombe Superior Court. The motion was allowed, and plaintiff appealed. The facts found by his Honor are stated in his Judgment, subjoined: Judgment. Nobth Caromna-WBuncombe County.
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MotioN to vacate a judgment rendered against defendant individually at March Term, 1898, heard upon affidavits before Starbuclc, J., at March Term, 1899, of Buncombe Superior Court. The motion was allowed, and plaintiff appealed. The facts found by his Honor are stated in his Judgment, subjoined: Judgment. Nobth Caromna-WBuncombe County. Superior Court — March Term, 1899. This cause coming on to be heard before Starbuch, J., upon motion of defendant to vacate the .judgment rendered against him individually at March Term, of 1898, of this Court, upon consideration of the affidavits, the Court…
1Opinion of the CourtEaiecloth, C. J.
The summons in this case was issued against W. J. Cocke, administrator of W. M.. Cocke, Jr., and W. J. Cocke individually. The deputy sheriff returned the summons with, tbis endorsement: “Served February 16, 1898, 'by reading tbe within summons to W. J. Cocke, administrator of W. M. Cocke, Jr., and W. J. Cocke individually.” The defendant did not answer or appear in Court, and for want of an answer a judgment was entered. On notice and motion of defendant the said judgment was set aside, and the plaintiff appealed.
His Honor, after hearing affidavits, found as facts: “That at some time the…
2Cases cited3 opinions
- Strayhorn v. . BlalockSupreme Court of North Carolina · 1885
- White v. . SnowSupreme Court of North Carolina · 1874
- Miller v. . PowersSupreme Court of North Carolina · 1895
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- Johnson v. . SidburySupreme Court of North Carolina · 1945
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
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- Lake Drainage Commissioners v. SpencerSupreme Court of North Carolina · 1917
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