White v. . Snow
Supreme Court of North Carolina
MotioN to set aside a judgment, heard by M.oore, J., at the December (Special) Term, 1873, of Halifax Superior Court. The following are the facts, as sent up by the appellant and as found by his Honor upon the trial below. That the defendant, Snow, some time since, brought suit iu this Court against the plaintiff, White, to recover damages because that White had taken certain tolls of a grist mill in which he alleged they were tenants in common.
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MotioN to set aside a judgment, heard by M.oore, J., at the December (Special) Term, 1873, of Halifax Superior Court. The following are the facts, as sent up by the appellant and as found by his Honor upon the trial below. That the defendant, Snow, some time since, brought suit iu this Court against the plaintiff, White, to recover damages because that White had taken certain tolls of a grist mill in which he alleged they were tenants in common. That on the 21st October, 1870, the plaintiff herein sued Snow, the present defendant, causing a summons to be served on him, which summons, Snow…
1Opinion of the CourtRodMAN, J.
This is an appeal by the defendant from a judgment refusing to set aside a judgment for want of an answer, given in favor of the plaintiff at a Special Term in December, 1871.
The motion to set aside the judgment was put on two grounds:
1. Excusable neglect, under section 133 of C. C. P.
The summons was duly served on the defendant by the delivery of a copy. But he supposed it to be some notice or other paper in another suit then pending between the same parties, and paid no attention to it. He does not say whether he read it or not. It is impossible to hold such neglect excusable ; it was…
2Cases cited2 opinions
- Cowles, Adm'r v. . Hayes and AnotherSupreme Court of North Carolina · 1873
- Cowles v. . HayesSupreme Court of North Carolina · 1872
3Cited by12 opinions
- Johnson v. . SidburySupreme Court of North Carolina · 1945
- Witt v. . LongSupreme Court of North Carolina · 1885
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
- Pruitt v. TaylorSupreme Court of North Carolina · 1957
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
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