Kerchner v. . Baker
Supreme Court of North Carolina
Motion to set aside a Judgment heard at Fall Term, 1879, of New Hanover Superior Court, before Eure, J. The court refused to grant the motion and the defendant appealed.
1Opinion of the CourtDillard, J.
This is an appeal from the judgment of the superior court refusing the motion of defendant to set aside a judgment on the ground of excusable neglect under section 133 of the code, and the material facts found by His Honor are these:
The plaintiff through the late Adam Empie as his counsel sued the defendant residing in Fayetteville to spring term, 1870, of New Hanover superior court, and at the return term complaint was filed and the names of attorneys residing in Fayetteville were entered on the docket as counsel for defendant, and an answer was filed for him. The attorneys marked for…
2Cases cited2 opinions
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Bank of Statesville v. FooteSupreme Court of North Carolina · 1877
3Cited by14 opinions
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Sutherland v. . McLeanSupreme Court of North Carolina · 1930
- Brown v. . HaleSupreme Court of North Carolina · 1885
9 more not listed; retrieve them via the Exa API.