Legal Opinion

Howard v. Boyce

Supreme Court of North Carolina

Decided March 22, 1961No. 30PublishedCited by 35 opinions

1Opinion of the CourtMoobe, J.

Appellants seek to set aside the judgment of 13 July 1945 on the grounds that they did not consent thereto, did not authorize the attorney of record to appear for or represent them, and had no knowledge of the judgment prior to its entry.

The court below found as a fact that appellants (movants) have no meritorious cause of action and have been guilty of laches and unreasonable delay. It declined to set aside the judgment.

In the affidavits supporting the motion, movants asserted that they were made parties plaintiff to the 1944 action without their knowledge and consent, did not employ or…

2Cases cited27 opinions

  1. Hitchcock v. HarringtonNew York Supreme Court · 1810
  2. Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
  3. Gardiner v. MaySupreme Court of North Carolina · 1916
  4. England v. . GarnerSupreme Court of North Carolina · 1884
  5. City of Monroe v. NivenSupreme Court of North Carolina · 1942

22 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. State Ex Rel. Attorney General v. ReeseNew Mexico Supreme Court · 1967
  2. Brady v. Town of Chapel HillSupreme Court of North Carolina · 1971
  3. Henderson v. Wachovia Bank of North Carolina, N.A.Court of Appeals of North Carolina · 2001
  4. State v. WatsonSupreme Court of North Carolina · 1981
  5. Nationwide Mutual Insurance v. Fireman's Fund InsuranceSupreme Court of North Carolina · 1971

30 more not listed; retrieve them via the Exa API.

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