Dell School v. Peirce
Supreme Court of North Carolina
Appeal by defendant from 0. H. Allen, J., at February Term, 1913, of DupliN. This is a motion to set aside a judgment rendered at November Term, 1912. The judge found.the following facts: “Summons was issued 4 July, 1910, and personally served by the deputy sheriff on that date, and returned to the August Term, 1910, of the Superior Court of Duplin County.
Read the full summary
Appeal by defendant from 0. H. Allen, J., at February Term, 1913, of DupliN. This is a motion to set aside a judgment rendered at November Term, 1912. The judge found.the following facts: “Summons was issued 4 July, 1910, and personally served by the deputy sheriff on that date, and returned to the August Term, 1910, of the Superior Court of Duplin County. At the August Term, 1910, an order was duly entered before his Honor, Frank Carter, judge presiding, in open court, making additional parties plaintiffs and allowing the plaintiffs thirty days to file complaint, and no order other than that…
1Opinion of the CourtWalker, J.
It would be useless to discuss each of tbe eleven assignments of error, as tbe material questions are: 1. Was, there excusable neglect on tbe part of tbe defendant? 2. Did be show a meritorious defense? This is an- action to recover tbe possession of land. Defendant knew that, at August Term, 1912, an order bad been made enlarging tbe time for filing .pleadings. Tbe August term adjourned 7 Sejítember, 1912, and tbe verified complaint was filed 14 September, 1912. Whether tbe defendant actually knew before tbe November Term, 1912, that tbe time for filing pleadings bad been extended, tbe order…
2Cases cited15 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Albertson v. . TerrySupreme Court of North Carolina · 1891
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Thornton v. American Writing Machine Co.Supreme Court of Georgia · 1889
- McLeod v. . GoochSupreme Court of North Carolina · 1913
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moore v. DealSupreme Court of North Carolina · 1954
- Wooten v. . CunninghamSupreme Court of North Carolina · 1916
- Doyle v. JorgensenNevada Supreme Court · 1966
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
10 more not listed; retrieve them via the Exa API.