Williams v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a motion to set aside and vacate the judgment rendered' at Duplin Superior Court, August Term, 1891, before BoyJciv, J. The Court found the following facts The summons was served July 7th on the station agent at Goldsboro, and by him duly forwarded to the headquarters of the company at Atlanta, according to regulations; by the managing officer delivered to the General Southern Counsel, and by them, on July 18th, 1891, all the papers were sent to David Schenck, the…
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This was a motion to set aside and vacate the judgment rendered' at Duplin Superior Court, August Term, 1891, before BoyJciv, J. The Court found the following facts The summons was served July 7th on the station agent at Goldsboro, and by him duly forwarded to the headquarters of the company at Atlanta, according to regulations; by the managing officer delivered to the General Southern Counsel, and by them, on July 18th, 1891, all the papers were sent to David Schenck, the counsel of the North Carolina Division ; that by mistake the papers were sent to Mr. Cothran, the counsel for the South…
1DissentClark, J.
This was a motion to set aside a judgment for excusable neglect. An agreement of counsel is filed, and thereby made a part of the case on appeal, which recites that the Judge did not base his ruling upon his discretion, but held, as a matter of law upon the facts found, that the defendant was entitled to have the judgment set aside. Prom the facts found, it appears that the summons was *476served on the defendant at Goldsboro on July 7th, return able to Duplin Court, which began August 3d; that on Tuesday, August 4th, the complaint was filed; that the Court adjourned in the afternoon of Thursday,…
2Cases cited13 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
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