Currie v. Golconda Mining & Milling Co.
Supreme Court of North Carolina
Appeal from Daniels, J., from judgment rendered 21 August', 1911, from MONTGOMERY. Tbis is a motion to set aside a judgment for irregularity. The summons was issued on the 3d day of March, 1910, against the Golconda Mining and Milling Company and O. M. Allen, J"r.
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Appeal from Daniels, J., from judgment rendered 21 August', 1911, from MONTGOMERY. Tbis is a motion to set aside a judgment for irregularity. The summons was issued on the 3d day of March, 1910, against the Golconda Mining and Milling Company and O. M. Allen, J"r. Both defendants were nonresidents, and, as far as the record discloses, the only property owned by the said Allen is a debt of $18,000 due him.by said.Golconda Company, which is a corporation owning property in this State, but not doing business • therein when the action, was commenced. A warrant of attachment was issued at the time…
1Opinion of the CourtAlleN, J.
The defendants are not entitled to relief on the ground of excusable neglect, because the motion was not made within twelve months from the rendition of the judgment (Clement v. Ireland, 129 N. C., 220; Ins. Co. v. Scott, 136 N. C., 157), nor under Eevisal, sec. 449, allowing a defendant against whom a judgment has been rendered, upon service by publication, to defend after judgment, upon good cause shown, because more than twelve months had elapsed after notice of the judgment before any notice of the motion issued.
They must, therefore, rely upon the right to have the judgment set aside upon…
2Cases cited15 opinions
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- May v. Getty.Supreme Court of North Carolina · 1905
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Winfree v. . BagleySupreme Court of North Carolina · 1889
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
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3Cited by31 opinions
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- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
- Lunceford v. Commercial Travelers Mutual Accident Ass'n of AmericaSupreme Court of North Carolina · 1925
- Simms v. . SampsonSupreme Court of North Carolina · 1942
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