J. N. Clegg v. . the New York White Soap Stone Co.
Supreme Court of North Carolina
Motion to set aside a judgment rendered in the Superior-Court of Chatham County, heard before Tourgee, Judge, at-. Fall Term, 1871, of Chatham Superior Court. The action was brought to Fall Term, 1870, of Randolph Superior Court, when the plaintiff filed his.complaint, and in.r the affidavit of plaintiff’s attorney he says be gave the defendant until 4th March, 1871, to file an answer to said complaint.
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Motion to set aside a judgment rendered in the Superior-Court of Chatham County, heard before Tourgee, Judge, at-. Fall Term, 1871, of Chatham Superior Court. The action was brought to Fall Term, 1870, of Randolph Superior Court, when the plaintiff filed his.complaint, and in.r the affidavit of plaintiff’s attorney he says be gave the defendant until 4th March, 1871, to file an answer to said complaint. The attorney of defendant made affidavit that the defendant was a non-resident of the State, and that service of summons in the case was made by publication, and that he was retained by the…
1Opinion of the CourtReads, J.
In an application to a judge or to the Court below, to vacate a judgment under C. C. P. Sec. 133, for excusable neglect, &c., it is the duty of the Judge : first, to find the facts, as they would be set out in a special verdict, and then to declare the law upon the facts. When this is done and there us an appeal to this Court, we take the finding of the facts by His Honor as conclusive ; and we review his opinion and judgment as to the law. Because, whether a given state of facts «constitutes excusable neglect, &c., under the Code, is a ques tion of law. But if His Honor does not find the…
2Cases cited1 opinion
- Fulton v. . LoftisSupreme Court of North Carolina · 1869
3Cited by14 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.Supreme Court of North Carolina · 1888
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