Corbett Buggy Co. v. McLamb
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at November Term, 1920, of Harnett. This was a motion, filed in the Superior Court, to set aside two judgments upon the ground of excusable neglect and upon the further ground that they purported to be consent judgments; whereas, movants allege that said judgments were entered by their codefendant without authority from them, and without their consent. . From a judgment rendered at the November Term, 1920, overruling the motion, defendants…
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Appeal by defendant from Devin, J., at November Term, 1920, of Harnett. This was a motion, filed in the Superior Court, to set aside two judgments upon the ground of excusable neglect and upon the further ground that they purported to be consent judgments; whereas, movants allege that said judgments were entered by their codefendant without authority from them, and without their consent. . From a judgment rendered at the November Term, 1920, overruling the motion, defendants appealed.
1Per curiam
The judgment which forms the basis of this appeal was rendered at the November Term, 1920, of Harnett Superior Court. The record was not docketed here until 27 August, 1921, long after the term at which the case should have been heard had expired. lienee, the plaintiff’s motion to dismiss the appeal must be allowed. S. v. Telfair, 139 N. C., 555.
Notwithstanding the motion to dismiss, we have examined the record and have been unable to find any reason for disturbing the result below. Upon the merits, the case should be affirmed.
Appeal dismissed.
2Cases cited1 opinion
- State v. Telfair.Supreme Court of North Carolina · 1905
3Cited by6 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- State v. . JohnsonSupreme Court of North Carolina · 1922
- Rose v. . Rocky MountSupreme Court of North Carolina · 1922
- State v. . BarksdaleSupreme Court of North Carolina · 1922
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