Montague v. . Lumpkins
Supreme Court of North Carolina
Appeal by defendants from Alim, J., at June Term, 1919, of Wake. Tbis is a motion to set aside a judgment on the ground of excusable neglect. The action is to recover a balance of $300 alleged to be due for tobacco sold and delivered to the defendants under the following contract: “This is to certify that I have bought Lonza Montague’s crop of tobacco for one thousand dollars, not less than three thousand pounds, one lot of tips, next to tips, and primings graded.
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Appeal by defendants from Alim, J., at June Term, 1919, of Wake. Tbis is a motion to set aside a judgment on the ground of excusable neglect. The action is to recover a balance of $300 alleged to be due for tobacco sold and delivered to the defendants under the following contract: “This is to certify that I have bought Lonza Montague’s crop of tobacco for one thousand dollars, not less than three thousand pounds, one lot of tips, next to tips, and primings graded. He is to draw six hundred dollars when tips is delivered, three hundred when the next load, and one hundred when the last is…
1Opinion of the CourtAlleN, J.
The complaint, which is verified, alleges an express promise to pay a definite sum of money, and under the authorities it was not irregular to enter judgment in favor of the plaintiffs by default final upon failure to answer. Hartman v. Warrior, 95 N. C., 177; Miller v. Smith, 169 N. C., 210.
It is also equally well settled that a judgment by default will not be set aside unless facts are alleged which, if true, would establish a defense.
“The court having jurisdiction of the subject and the parties, there is a presumption in favor of its judgment, and the burden of overcoming this presumption…
2Cases cited4 opinions
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Young v. Fosburg Lumber Co.Supreme Court of North Carolina · 1908
- H. & E. Hartman & Co. v. FarriorSupreme Court of North Carolina · 1886
- Miller v. . SmithSupreme Court of North Carolina · 1915
3Cited by6 opinions
- Patrick Ex Rel. Michal v. BryanSupreme Court of North Carolina · 1932
- Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928
- Garner v. . QuakenbushSupreme Court of North Carolina · 1924
- State v. Vance Plumbing & Electric Co.Supreme Court of North Carolina · 1928
- Venn v. . ColemanSupreme Court of North Carolina · 1934
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