Stallings v. . Spruill
Supreme Court of North Carolina
MotioN to set aside a judgment rendered by tbe Clerk of the Superior Court of Halifax County, beard by Kerr, J., at January Term, 1918, of said county. The court set aside the judgment upon the ground of excusable neglect. Plaintiff appealed.
1Opinion of the CourtBeowN, J.
This is a processioning proceeding to determine and establish the true division line between the lands of plaintiff and defendant. It was returnable before the clerk 12 December, 1916. The complaint was filed, duly verified, on 4 December, 1916. On return day defendant failed to answer, and the cause was continued from time to time to permit defendant to file answer, and until 29 January, 1917, when the clerk, upon motion of plaintiff, rendered judgment for failure of defendant to file answer.
It appears from the findings of fact that the summons was given to M. C. Braswell, general agent for…
2Cases cited3 opinions
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
- McKeel Hardware Co. v. BuhmannSupreme Court of North Carolina · 1912
- Norwood v. . KingSupreme Court of North Carolina · 1882
3Cited by10 opinions
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Stephens Ex Rel. Houston v. ChildersSupreme Court of North Carolina · 1952
- Jones v. STATESVILLE ICE AND FUEL COMPANYSupreme Court of North Carolina · 1963
- Wood v. WoodSupreme Court of North Carolina · 1979
- Pate Ex Rel. Wright v. R. L. Pittman Hospital, Inc.Supreme Court of North Carolina · 1951
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