First National Bank of Charlotte v. Wilson
Supreme Court of North Carolina
MotioN by defendant Wilson to set aside a judgment, heard at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The facts are embodied in the opinion delivered by Mr. Justice Dillard. The • court below vacated the judgment as to Wilson, and the plaintiff appealed.
1Opinion of the CourtDillard, J.
This suit was brought to spring term, 1876, of Mecklenburg superior court and a summons issued to the sheriff of Cabarrus county for defendant, J. R. Wilson, was returned endorsed, “Executed 9th May, 1876, by leaving ar copy of the summons with the wife of J. R. Wilson,” and at the return term, no appearance being entered by the defendants, judgment by default was taken against all of them for the amount of the note declared on.
The defendant Wilson afterwards, to-wit, on the 23d of March, 1878, moved before His Honor, Judge Schenclc to vacate the said judgment and His Honor refused the…
2Cases cited3 opinions
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1854
- Middleton v. DuffySupreme Court of North Carolina · 1875
- Amos Howes v. . Ephraim MauneySupreme Court of North Carolina · 1872
3Cited by7 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Harrington v. RiceSupreme Court of North Carolina · 1957
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
- Smith v. . GraySupreme Court of North Carolina · 1895
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