Grandy v. Carolina Products Co.
Supreme Court of North Carolina
Appeal by plaintiff from order of Webb, J., made 9 October, 1916 j, from Meoklenbueg. This is a motion to set aside a judgment on tbe ground of excusable neglect. Tbe judge found tbe facts, and among others that tbe defendant has a meritorious defense. Tbe motion was allowed, and tbe plaintiff excepted and appealed.
1Opinion of the CourtAllen, J.
Tbe summons was served on tbe defendant on 6 October, 1916, but tbe complaint was not filed until 9 January, 1917, three months later, although due at tbe October Term of Court.
Tbe answer, which denied tbe plaintiff’s cause of action and alleged a counterclaim, was filed 23 January, 1917, twelve days after tbe complaint, and tbe reply on 9 February, 1917, seventeen days after the answer.
The reply was filed during a term of court which began 5 February,. 1917, and tbe action was set for trial 12 February, 1917, three days after issue joined.
It thus appears that tbe defendant bad tbe…
2Cases cited14 opinions
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Taylor v. . PopeSupreme Court of North Carolina · 1890
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