Navassa Guano Co. v. Bridgers
Supreme Court of North Carolina
Justice of the Peace — Power to net aside judgments. Motion to set aside a judgment, heard on appeal from a justice of the peace, by MacRae, Judge, at January Term, 1885, of Robeson Superior Court. On the 19th day of October, 1876, the plaintiff brought its action before a justice of the peace, in the county of Robeson, against the defendant, toM'ecover the sum of $50 due by note. The summons was made returnable on the 26th day of the same month.
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Justice of the Peace — Power to net aside judgments. Motion to set aside a judgment, heard on appeal from a justice of the peace, by MacRae, Judge, at January Term, 1885, of Robeson Superior Court. On the 19th day of October, 1876, the plaintiff brought its action before a justice of the peace, in the county of Robeson, against the defendant, toM'ecover the sum of $50 due by note. The summons was made returnable on the 26th day of the same month. On that day the case was continued on the application of the defendant, until the first day of November next thereafter, and on the latter day, the…
1Opinion of the CourtMeruimoN, J.
(after stating the facts). We are of opinion that the order of the Superior Court -was erroneous. The defendant was duly served with a summons in the action before the justice of the peace. The latter had jurisdiction of the defendant and the subject matter of the action, and therefore had power to grant the judgment. If the judgment was rendered in the absence of the defendant, and such absence was caused by sickness, excusable mistake or neglect of the party — in such case, upon proper application within ten days next after the date’ of the judgment, the justice of the peace might have…
2Cases cited5 opinions
- Caldwell, Ex'r v. . BeattySupreme Court of North Carolina · 1873
- McDaniel v. . WatkinsSupreme Court of North Carolina · 1877
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
- Wm. Froneburger v. . H. D. Lee .Supreme Court of North Carolina · 1872
- Koonce v. . PelletierSupreme Court of North Carolina · 1880
3Cited by6 opinions
- King v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Bullard v. Edwards.Supreme Court of North Carolina · 1906
- Thompson v. Lynchburg Notion Co.Supreme Court of North Carolina · 1912
- Thompson v. . Notion Co.Supreme Court of North Carolina · 1912
- Salmon Ex Rel. Rogers v. McLeanSupreme Court of North Carolina · 1895
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