Exum v. Carolina Railroad

The question presented by this appeal is whether, upon the facts agreed, the defendants’ judgment was barred- by the ten years statute of limitations. C. S., 437.

The material facts were these: In 1926 the defendant Carolina Bail-road Company obtained a judgment by default in Lenoir County against J. C. and J. T. Exum, the present plaintiffs, for a sum certain. The judgment was rendered by the clerk and was duly docketed. In 1931 the defendants in that action made a motion before the clerk to set aside the judgment. This motion was heard and denied by the clerk 3 August, 1931. The defendants…