Bank of Statesville v. Foote
Supreme Court of North Carolina
MotioN to set aside a Judgment heard at Chambers in Statesville on the 10th of July, 1876, before Furches, J. The judgment which the defendants seek to vacate was rendered against James Ii. Eoote and his co-defendant, C. L. Cook, at Eall Term, 1875, of Iredell Superior Court, upon a, note made by Cook as principal and Eoote as surety.
Read the full summary
MotioN to set aside a Judgment heard at Chambers in Statesville on the 10th of July, 1876, before Furches, J. The judgment which the defendants seek to vacate was rendered against James Ii. Eoote and his co-defendant, C. L. Cook, at Eall Term, 1875, of Iredell Superior Court, upon a, note made by Cook as principal and Eoote as surety. The material facts are as follows : The Sheriff went to’ Foote’s house to serve the summons in the original action,, and Fopte being absent, he left a written notice to be delivered to him on his return. This notice was not a copy of the summons issued by the…
1Opinion of the CourtBynum, J.
The application for relief under the provisions of C. C. P. § 133, is addressed to the discretion of the Judge presiding below. His action is not the subject,of review here unless it plainly appears that he has abused the legal discretion vested in him. Nothing of the kind is shown in this case. The affidavit of the defendant Foote is not sustained by the facts as found by the Court. On the contrary it appears .that Foote accepted the service of the summons and waived all irregularities in the service and acted accordingly. It is true he did not appear and defend at the return term, but he…
2Cases cited1 opinion
- Simonton v. . LanierSupreme Court of North Carolina · 1874
3Cited by13 opinions
- Simms v. . SampsonSupreme Court of North Carolina · 1942
- State Ex Rel. Battle v. BairdSupreme Court of North Carolina · 1896
- Kerchner v. . BakerSupreme Court of North Carolina · 1880
- Geer v. . ReamsSupreme Court of North Carolina · 1883
- Brown v. . HaleSupreme Court of North Carolina · 1885
8 more not listed; retrieve them via the Exa API.