Vass v. Peoples' Building & Loan Ass'n
Supreme Court of North Carolina
Appeal from an order, setting aside a judgment, granted at Pall Term, 1884, of Waice Superior Court, by Qudger, J. The summons in this case was made returnable to fall term of 1877 of the superior court of Wake county. At that term the plaintiffs filed the complaint, but the defendants, first made parties defendant, did not file any answer at that term or afterwards.
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Appeal from an order, setting aside a judgment, granted at Pall Term, 1884, of Waice Superior Court, by Qudger, J. The summons in this case was made returnable to fall term of 1877 of the superior court of Wake county. At that term the plaintiffs filed the complaint, but the defendants, first made parties defendant, did not file any answer at that term or afterwards. At spring term, 1878, the plaintiffs moved for leave to make additional parties defendant, naming them severally, and among them are the parties who moved to set aside the judgment presently to be mentioned. The court granted the…
1Opinion of the Court
Merrimon, J.,
after stating the case.. It will be observed that the motion to set aside the judgment in this case, was not based upon alleged “ mistake, inadvertence, surprise or excusable neglect,” on the part of the appellees, but upon the ground of its alleged irregularity.
An irregular judgment may be set aside at any time within a reasonable period, this depending on the circumstances of the case, and the party complaining is not bound to move in such respect within a year next after it has been entered, as in case of “ mistake, inadvertence,” &c.
An irregular judgment is one given contrary…
2Cases cited3 opinions
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Leach v. Western North Carolina Rail RoadSupreme Court of North Carolina · 1871
- Dick v. . McLaurin .Supreme Court of North Carolina · 1869
3Cited by14 opinions
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- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Moore v. HumphreySupreme Court of North Carolina · 1958
- Moore v. . PackerSupreme Court of North Carolina · 1917
- Mills v. RichardsonSupreme Court of North Carolina · 1954
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