Pickens v. Fox
Supreme Court of North Carolina
MotioN to set aside a judgment in Buncoiibe Superior Court, beard at Chambers on January 30th, 1884, before Qudger, J. The defendants were served with a summons requiring them to appear at the clerk’s office within ten days thereafter, and answer a complaint which would be filed therein, or application for the relief demanded in the complaint would be made.
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MotioN to set aside a judgment in Buncoiibe Superior Court, beard at Chambers on January 30th, 1884, before Qudger, J. The defendants were served with a summons requiring them to appear at the clerk’s office within ten days thereafter, and answer a complaint which would be filed therein, or application for the relief demanded in the complaint would be made. The defendants employed counsel to defend the action and he appeared before the clerk and moved to dismiss the proceedings for w'ant of jurisdiction in him over the subject-matter of the action. The clerk refused to act in the premises,…
1Opinion of the Court
Smith, C. J.,
after stating the above. It would be difficult to find a case, the facts in which found by the judge himself personally cognizant of many of them, which more clearly come with the provisions of the statute and warrant the exercise of the power it confers. If there be blame attributable to any, and we do not see that any has been incurred, it falls upon counsel and not upon client, and the judgment is most clearly the result of an inadvertent and erroneous statement, though believed to be true when made, from, the counsel of the plaintiff.
The subject has been so often and so fully…
2Cases cited5 opinions
- English v. . EnglishSupreme Court of North Carolina · 1882
- Geer v. . ReamsSupreme Court of North Carolina · 1883
- Ellington, Royster & Co. v. WickerSupreme Court of North Carolina · 1882
- Deal v. . PalmerSupreme Court of North Carolina · 1873
- Francks v. . SuttonSupreme Court of North Carolina · 1882
3Cited by1 opinion
- Clement v. Ireland.Supreme Court of North Carolina · 1901