McLeod v. . Gooch
Supreme Court of North Carolina
Aeeeal by plaintiff from Peebles, J., at> February Term, 1913, of Grahtille. This is a motion to set aside a judgment upon the ground of “mistake, inadvertence, surprise, or excusable neglect,” under Revisal, sec. 513. The facts are that plaintiff brought this action to November Term, 1910, for the recovery of a planing machine with its outfit, alleged to be unlawfully detained by defendant.
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Aeeeal by plaintiff from Peebles, J., at> February Term, 1913, of Grahtille. This is a motion to set aside a judgment upon the ground of “mistake, inadvertence, surprise, or excusable neglect,” under Revisal, sec. 513. The facts are that plaintiff brought this action to November Term, 1910, for the recovery of a planing machine with its outfit, alleged to be unlawfully detained by defendant. He filed his complaint 10 January, 1911, and defendant answered 27 February, 1911. The cause was continued until April Term, 1912, when, plaintiff having failed to appear, the court submitted the cause to…
1Opinion of the Court
"Walker, J.
There are no findings of fact in tbe record as to excusable neglect. Tbe judge, at tbe bearing, merely denied tbe motion. In tbe absence of tbe findings, we must presume that tbe judge found such facts as would support bis ruling, for we do not presume error, but tbe appellant must sbow it, tbe burden of doing so being upon him. If be wished to review tbe decision of tbe court, be should, in apt time, have requested a finding of tbe facts. Albertson v. Terry, 108 N. C., 75; Hardware Co. v. Buhmann, 159 N. C., 511. This is tbe well settled practice. Tbe plaintiff, it is true, states…
2Cases cited6 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Albertson v. . TerrySupreme Court of North Carolina · 1891
- Worley v. Laurel River Logging Co.Supreme Court of North Carolina · 1911
- Brock v. . ScottSupreme Court of North Carolina · 1912
- McKeel Hardware Co. v. BuhmannSupreme Court of North Carolina · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Barringer v. FORSYTH COUNTY WAKE FOREST UNIVERSITY BAPTIST MEDICAL CTRCourt of Appeals of North Carolina · 2009
- State v. . FosterSupreme Court of North Carolina · 1916
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
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