Legal Opinion

Holden v. . Purefoy

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 21 opinions

This was a civil action, tried at .January Term, 1890, of Franklin Superior Court, Boykin, J., presiding. The only matter in controversy was between the defendant J R. Purefoy and M. Woodlief All the matters in said action in which the plaintiff’s testator, Richard Holden, had any interest were tried and determined by the judgment of the Court, rendered before the death of the said Richard Holden, who was the original plaintiff, and who was the testator of the present…

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This was a civil action, tried at .January Term, 1890, of Franklin Superior Court, Boykin, J., presiding. The only matter in controversy was between the defendant J R. Purefoy and M. Woodlief All the matters in said action in which the plaintiff’s testator, Richard Holden, had any interest were tried and determined by the judgment of the Court, rendered before the death of the said Richard Holden, who was the original plaintiff, and who was the testator of the present plaintiff. On the 1st day of April, 1880, Richard Holden sued out a summons against the defendant Purefoy, returnable to April…

1Opinion of the Court

Shepherd, J.:

Before proceeding to a consideration of the merits of this controversy, we must first pass upon the ruling of the Court in setting aside the judgment against the defendant Woodlief.

1. At April Term, 1888, the case was tried upon the pleadings and report of the referee, and there being no answer on the part of. the said Woodlief, a judgment was rendered which precluded him from the important defences which he was afterwards permitted to assert. The said defendant, within a year after the rendition of the judgment, moved that the same be set aside, on the ground of surprise and…

2Cases cited8 opinions

  1. Faw v. WhittingtonSupreme Court of North Carolina · 1875
  2. Miller v. . PierceSupreme Court of North Carolina · 1889
  3. Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
  4. Bryan v. . HodgesSupreme Court of North Carolina · 1890
  5. Millhiser v. . BalsleySupreme Court of North Carolina · 1890

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3Cited by21 opinions

  1. Gorrell v. AlspaughSupreme Court of North Carolina · 1897
  2. May v. Getty.Supreme Court of North Carolina · 1905
  3. Redding v. Vogt.Supreme Court of North Carolina · 1906
  4. State v. LewisSupreme Court of North Carolina · 1906
  5. Avery v. Stewart.Supreme Court of North Carolina · 1904

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