Griel v. . Vernon
Supreme Court of North Carolina
Motion to vacate a judgment made before his Honor, Judge Clarice, at the Fall Term, 1870, of Wayne Superior Court. His Honor refused to grant the motion and the defendant, Oliver, appealed. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtRodman, J.
This was a motion by the defendant, Oliver, .administrator of Wallace, made at Fall Term, 1870, of Wayne Superior Court, to vacate a judgment recovered against Yernon and himself as administrator. The facts found by the Judge are as follows:
The action was assumsit and was commenced against the defendants by writ returnable to Spring Term, 1867. Vernon at the request ol Oliver retained an attorney to plead for Oliver that he had fully administered the estate of his intestate, and had no assets. The Attorney from some cause not stated, failed to do so; at the return term a judgment by default…
2Cases cited1 opinion
- Waddell v. . WoodSupreme Court of North Carolina · 1870
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