Bostwick v. Laurinburg & Southern Railroad
Supreme Court of North Carolina
MotioN to set aside judgment by default final, beard before Finley, at March Term, 1920, of Scotland. Tbe general course of proceedings leading up to tbe principal judgment are embodied in bis Honor’s present judgment denying tbe motion as follows: ■ “1. That summons in this action was issued on 4 July, 1917, returnable to October Term, 1917, of Scotland Superior Court, and duly served upon tbe defendant on 5 July, 1917; that tbe plaintiffs filed their complaint on 20…
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MotioN to set aside judgment by default final, beard before Finley, at March Term, 1920, of Scotland. Tbe general course of proceedings leading up to tbe principal judgment are embodied in bis Honor’s present judgment denying tbe motion as follows: ■ “1. That summons in this action was issued on 4 July, 1917, returnable to October Term, 1917, of Scotland Superior Court, and duly served upon tbe defendant on 5 July, 1917; that tbe plaintiffs filed their complaint on 20 September, 1917, and furnished a copy to defendant’s counsel, Hon. Q. B. Patterson. “2. That tbe case was calendared for trial…
1Opinion of the CourtHoke, J.
Defendant seeks to sustain bis application to set aside tbe original judgment on two grounds:
1. Tbat tbe complaint is not properly verified.
2. Tbat it does not state a cause of action tbat justifies a judgment by default final.
Considering these positions in reverse order, tbe complaint states plaintiff’s claim in tbe form of 3 causes of action, and demanding recovery for tbe same amount in eacb, $984.04. As a first cause of action, plaintiff avers: Tbat, in tbe late summer of 1916, tbey were engaged in shipping cantaloupes to market in car-load lots over defendant road, and bad a contract…
2Cases cited8 opinions
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Witt v. . LongSupreme Court of North Carolina · 1885
- Calmes v. . LambertSupreme Court of North Carolina · 1910
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928
- Foster v. Allison Corp.Supreme Court of North Carolina · 1926
- Thompson v. . DillinghamSupreme Court of North Carolina · 1922
- Foster v. . Allison CorporationSupreme Court of North Carolina · 1926
- Baker v. . CoreySupreme Court of North Carolina · 1928
1 more not listed; retrieve them via the Exa API.