North Carolina Mutual & Provident Ass'n v. Edwards
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at October Term, 1914, of Beau-eoet. Civil action to set aside judgment against plaintiff in favor of defendants. .Tbe judgment, at November Term, 1912, bad been entered by default final on a verified complaint, stating a definite amount due on a policy of insurance, and, so far as appears, was in all respects regular.
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Appeal by defendant from Bond, J., at October Term, 1914, of Beau-eoet. Civil action to set aside judgment against plaintiff in favor of defendants. .Tbe judgment, at November Term, 1912, bad been entered by default final on a verified complaint, stating a definite amount due on a policy of insurance, and, so far as appears, was in all respects regular. In tbe present action to set tbe same aside there was allegation with evidence on part of plaintiff tending tó show that tbe original policy bad been procured by fraudulent representations on tbe part of tbe insured, etc. Second, ,that tbe…
1Opinion of the Court
Hoice, J.,
after stating the case: The record shows that at a former term, and apparently as an independent proposition, a motion was made by defendant therein, the present plaintiff, to set the judgment aside on account of excusable neglect, and same was denied. No appeal having been taken from such order, the present plaintiff would seem to be concluded, on that question, and in any event, there being no error shown, the judgment will be upheld. Smith v. Holmes, 148 N. C., 210; Scott v. Life Assn., 137 N. C., 516; Cowles v. Cowles, 121 N. C., 272; Clark’s Code (3 Ed.), pp. 310 and 311, and…
2Cases cited7 opinions
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Cowles v. CowlesSupreme Court of North Carolina · 1897
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
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3Cited by2 opinions
- Cleve v. . AdamsSupreme Court of North Carolina · 1942
- Banking Co. v. . MoreheadSupreme Court of North Carolina · 1900