Legal Opinion

Cowles v. Cowles

Supreme Court of North Carolina

Decided September 15, 1897PublishedCited by 15 opinions

.Motion in the cause heard before Starbuck, J., at July Term, 1897, of Alexander Superior Court, made by defendant Calvin J. Cowles, to set aside the judgment by default rendered against him at January Term, 1897, in so far as it included the sum of $125.85, with six per cent, interest thereon from February 17th, 1897, the judgment having been, by consent, upon motion of defendant, Ida A. Cowles, reformed as to both defendants, in so far as it declared a lien upon the lands.

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.Motion in the cause heard before Starbuck, J., at July Term, 1897, of Alexander Superior Court, made by defendant Calvin J. Cowles, to set aside the judgment by default rendered against him at January Term, 1897, in so far as it included the sum of $125.85, with six per cent, interest thereon from February 17th, 1897, the judgment having been, by consent, upon motion of defendant, Ida A. Cowles, reformed as to both defendants, in so far as it declared a lien upon the lands. The purpose of the motion was to set it aside in so far as it was a personal judgment against defendant Calvin J.…

1Opinion of the Court

Clark, J.:

This is a motion to set aside a judgment by default final taken at a previous term. The summons was duly served and a verified complaint filed. The defendant was represented by counsel but filed no answer. The plaintiff’s counsel stated he would agree to the allowance of time to file answer if defendant’s counsel would say that he had a meritorious defence. This he declined to do, saying that he had a letter from - his client stating he could not attend, but not informing him why he could not, not stating any ground of defence. Judgment final was thereupon entered. The conduct of…

2Cases cited4 opinions

  1. May v. Stimson Lumber Co.Supreme Court of North Carolina · 1896
  2. State Ex Rel. Battle v. BairdSupreme Court of North Carolina · 1896
  3. Brown v. . HaleSupreme Court of North Carolina · 1885
  4. Wyche v. . RossSupreme Court of North Carolina · 1896

3Cited by15 opinions

  1. Norton v. . McLaurinSupreme Court of North Carolina · 1899
  2. Scott v. Life Ass'nSupreme Court of North Carolina · 1905
  3. Dockery v. Fairbanks-Morse Co.Supreme Court of North Carolina · 1916
  4. Finger v. . SmithSupreme Court of North Carolina · 1926
  5. Scott v. . Life AssociationSupreme Court of North Carolina · 1905

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