Lyon v. . McMillan
Supreme Court of North Carolina
MotioN to set aside a judgment heard before Bussell, J., at Chambers. The judgment was obtained at Spring Term, 1872, Bladen Superior Court, on a note under seal, made by the defendant to one Julia Callahan, which note had been transferred to the plaintiff, for value received.
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MotioN to set aside a judgment heard before Bussell, J., at Chambers. The judgment was obtained at Spring Term, 1872, Bladen Superior Court, on a note under seal, made by the defendant to one Julia Callahan, which note had been transferred to the plaintiff, for value received. The plaintiff filed a complaint demanding judgment for four hundred and five dollars, with interest from May 24th, 1870, and for cost, $900. The defendant failing to file an answer, and no attorney’s name being marked on the docket for him, on the last day of the term the plaintiff moved for -and obtained judgment by…
1Opinion of the CourtSettle, J.
A judgment obtained at a regular term of the Court was set aside by his Honor at Chambers, on motion of the defendant. No notice of such motion having been given to the plaintiff. See Sutton v. McMillan, at this term.
There is error. Let this be certified.
Per Curiam. Judgment reversed.
2Cited by3 opinions
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1890
- Andreen v. AndreenCalifornia Court of Appeal · 1911