Legal Opinion

Grandy v. Carolina Products Co.

Supreme Court of North Carolina

Decided May 8, 1918PublishedCited by 5 opinions

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

  1. Pepper v. Clegg.Supreme Court of North Carolina · 1903
  2. Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
  3. Griel v. . VernonSupreme Court of North Carolina · 1871
  4. Bradford v. . CoitSupreme Court of North Carolina · 1877
  5. Taylor v. . PopeSupreme Court of North Carolina · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Moore v. DealSupreme Court of North Carolina · 1954
  2. Sutherland v. McLeanSupreme Court of North Carolina · 1930
  3. Sutherland v. . McLeanSupreme Court of North Carolina · 1930
  4. Ellington v. . WickerSupreme Court of North Carolina · 1882
  5. Meece v. Commercial Credit Co.Supreme Court of North Carolina · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API