Brown v. Rhinehart Bros.
Supreme Court of North Carolina
MOTION to vacate and set aside a judgment and verdict, heard at August Term, 1892, of BunooMBE Superior Court, before Bynum, J. The plaintiff seeks, in this action, to enforce a lien against the real property of the defendant IV. L. Walker, and also to recover a personal judgment against him and his co-defendants.
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MOTION to vacate and set aside a judgment and verdict, heard at August Term, 1892, of BunooMBE Superior Court, before Bynum, J. The plaintiff seeks, in this action, to enforce a lien against the real property of the defendant IV. L. Walker, and also to recover a personal judgment against him and his co-defendants. Summons in the action was issued the 21st of July, 1891, returnable to the August Term, 1891, of the Superior Court of Buncombe County, and was served on all the defendants on the 3d day of August — more than ten days prior to said August Term. The summons was duly returned and the…
1Opinion
Whatever may have been the former rulings upon the power of the judge to set aside judgments under section 274 of The Code, we must consider it settled by the decisions in Beck v. Bellamy, 93 N.C. 129, and Clemmons v.Field, 99 N.C. 400, followed in Flowers v. Alford, 111 N.C. 248, that where the judgment was rendered upon a verdict the motion will be denied, and that therefore it was error in his Honor to have set aside the verdict and judgment for excusable neglect. But as the same result will be reached, and the verdict and judgment be set aside as irregular, the appellant will not recover…
2Cases cited6 opinions
- Beck v. . BellamySupreme Court of North Carolina · 1885
- Morrison v. . McDonaldSupreme Court of North Carolina · 1893
- Clemmons v. . FieldSupreme Court of North Carolina · 1888
- Junge v. MacKnightSupreme Court of North Carolina · 1904
- Flowers v. . AlfordSupreme Court of North Carolina · 1892
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