Board of Commissioners v. Scales
Supreme Court of North Carolina
Civil action beard by Long, J., on a motion to set aside a judgment at November Term, 1915, of Buncombe. Tbe action was brought by the plaintiff to foreclose a tax lien.
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Civil action beard by Long, J., on a motion to set aside a judgment at November Term, 1915, of Buncombe. Tbe action was brought by the plaintiff to foreclose a tax lien. Upon the complaint filed and verified the court entered a judgment at February Term, 1912, in favor of plaintiff, as follows: “That the plaintiff recover of the defendants J. J. Bailey Estate, Walter Scales, Mary Scales, heirs of Pink Lattimore, deceased (names unknown), Charles Bailey, heirs of James Bailey, deceased (names unknown), being the heirs of James Bailey and Rebecca Bailey, his wife (also deceased), the sum of $.,…
1Opinion of the Court
Walker, J.,
after stating the case: There was a motion to dismiss the appeal, as no case on appeal had been served by the appellant, but we do not think a case was required, as there is only one exception to the judgment, and that was taken at the trial. There are assignments of error, but they all turn upon the one question, whether the last judgment was a proper one. No case was necessary to present this question, as it is done by the exception, and, even without it, by the appeal from the judgment. Brooks v. Austin, 94 N. C., 222; Wilson v. Lumber Co., 131 N. C., 163; and especially Clark…
2Cases cited7 opinions
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Dell School v. PeirceSupreme Court of North Carolina · 1913
- State v. WhiteSupreme Court of North Carolina · 1913
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Montgomery v. . LewisSupreme Court of North Carolina · 1924
- Privette v. . AllenSupreme Court of North Carolina · 1947
- Buncombe County v. . PenlandSupreme Court of North Carolina · 1934
- Bishop v. BlackSupreme Court of North Carolina · 1951
- Durant v. Brown Motor CompanySupreme Court of South Carolina · 1928
5 more not listed; retrieve them via the Exa API.