Hairston v. . Garwood
Supreme Court of North Carolina
.Motion in the cause, to set aside a judgment rendered at Fall Term, 1896, of Superior Court of Davie County, heard before StarbucJc, J,, by consent,- at Chambers. G-arwood, the defendant, had, theretofore filed a petition before the Clerk, in the nature of a processioning proceeding to have the lines of his land established. The plaintiffs, who were the adjoining proprietors, were duly notified, appeared and filed answers.
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.Motion in the cause, to set aside a judgment rendered at Fall Term, 1896, of Superior Court of Davie County, heard before StarbucJc, J,, by consent,- at Chambers. G-arwood, the defendant, had, theretofore filed a petition before the Clerk, in the nature of a processioning proceeding to have the lines of his land established. The plaintiffs, who were the adjoining proprietors, were duly notified, appeared and filed answers. The lines were surveyed, and judgment rendered by the Clerk in favor of G-arwood, and on appeal to Term, the judgment was affirmed. The plaintiffs, Hairston and others,…
1Opinion of the Court
Montgomery,- J.:
This proceeding is on a motion made by the plaintiffs. to vacate and . set aside a judgment taken against them by the defendants at the Fall Term, 1896, of Davie Superior Court, and to re-instate the case which was dismissed by that judgment. The case in which the motion was made embraced a former suit by the defendants here against the plaintiffs, and a latter suit by the plaintiffs here against the defendants —both suits being over the same subject matter and consolidated by order of the Court.
The grounds of the motion were, first, irregularity of the judgment, and, second,…
2Cases cited2 opinions
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- Bradford v. . CoitSupreme Court of North Carolina · 1877
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