Clemmons v. . Field
Supreme Court of North Carolina
Excusable Neglect — Vacating Judgment — Appeal. This was a motion made by the defendant after notice, at March Term, 1888, of Bunoombb Superior Court, to set aside a judgment rendered at the term preceding for excusable neglect under § 274 of The Code, heard and denied upon the following facts found by MacRae, J. : The action was placed upon the calendar for trial on a day certain, or as soon thereafter as it could be reached.
Read the full summary
Excusable Neglect — Vacating Judgment — Appeal. This was a motion made by the defendant after notice, at March Term, 1888, of Bunoombb Superior Court, to set aside a judgment rendered at the term preceding for excusable neglect under § 274 of The Code, heard and denied upon the following facts found by MacRae, J. : The action was placed upon the calendar for trial on a day certain, or as soon thereafter as it could be reached. Several days previous to that for which this case was set upon the calendar, defendant wrote to his attorney in Ashe-ville to wire him as soon as there was any…
1Opinion of the CourtSmith, C. J.
Under the former practice, a final judgment rendered in a proceeding at law was beyond the control of the Court after the expiration of the term. Moore v. Hinnant, 90 N. C., 163; and the rule is now established by law, which declares that no motion “to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages,” shall be heard, except at the term when the trial takes place. The Code, §412, par. 4; England v. Duckworth, 75 N. C., 309. But the power to vacate and set aside a judgment and relieve a party therefrom when “ taken against him…
2Cases cited10 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Moore v. . HinnantSupreme Court of North Carolina · 1884
- Austin v. . ClarkeSupreme Court of North Carolina · 1874
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Haas v. ScottOregon Supreme Court · 1925
- Sohn v. FlavinSouth Dakota Supreme Court · 1932
- Flowers v. . AlfordSupreme Court of North Carolina · 1892
- Virginia, T. & C. Steel & Iron Co. v. HarrisCourt of Appeals for the Fourth Circuit · 1907
- Brown v. Rhinehart Bros.Supreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.