Simonton v. . Lanier
Supreme Court of North Carolina
Civil actioN on a promissory note given to the Bank of Statesvile, tried at Spring Term, 1874, cf Ieedell Superior Court, before his Honor, Judge Mitehell. The summons sued out by plaintiff was returnable to Fall Term, 1873, and was duly served on defendants.
Read the full summary
Civil actioN on a promissory note given to the Bank of Statesvile, tried at Spring Term, 1874, cf Ieedell Superior Court, before his Honor, Judge Mitehell. The summons sued out by plaintiff was returnable to Fall Term, 1873, and was duly served on defendants. The complaint was regularly filed within the first three days of the term, and on Saturday of the second week of the term, the defendants having filed no answer nor otherwise pleaded, judgment was assigned in • favor of the plaintiff for the amount ■claimed in his complaint. Soon after the adjournment of the 'Court, a transcript of the…
1Opinion of the CourtByNum, J.
1. The first motion of the defendants was to set aside the judgment theretofore rendered in this action, and allow them to answer and defend. This motion was founded upon C. C. P., sec. 133. The facts relating to this motion, as found by the Court are, that prior to the Court, when judgment was taken, the defendants spoke to an attorney, in States-ville, and also wrote to another to appear and defend the action,, but that neither of them did appear, and that judgment was-entered by default, in the regular course of the Court. The defendants do not otherwise show why they did not personally…
2Cases cited2 opinions
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
- J. N. Clegg v. . the New York White Soap Stone Co.Supreme Court of North Carolina · 1872
3Cited by51 opinions
- State v. . HarrisSupreme Court of North Carolina · 1940
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Duncan v. City of CharlotteSupreme Court of North Carolina · 1951
- State v. Perkins.Supreme Court of North Carolina · 1906
- Winslow v. . MortonSupreme Court of North Carolina · 1896
46 more not listed; retrieve them via the Exa API.