Stith v. . Jones
Supreme Court of North Carolina
MotioN of plaintiff, heard at Eall Term, 1896, of David-SON Superior Court, before Greene, J., to set aside a judgment of non-suit entered at Eall Term, 1895, of said court. The motion was granted, and defendants appealed. The facts appear in the opinion of Associate Justice ClaRK.
1Opinion of the Court
ClaeK, J.:
This action was begun in 1886, and was referred by consent at March Term, 1889. The referee held two or three sittings, the last being in February, 1891. Thereafter the plaintiff took no further steps to-procure a hearing or to have the report made, and at Eall Term, 1895, the cause being reached regularly on the docket, the defendant moved for judgment as of non-suit. This motion was continued over till the second week, when, the case being reached, the plaintiff was called, and not appearing by counsel or in person, judgment was entered as of non-suit. It is true that the…
2Cases cited8 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Spencer v. . CredleSupreme Court of North Carolina · 1889
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3Cited by17 opinions
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- Raine v. EnnorNevada Supreme Court · 1916
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