Moore v. . Rankin
Supreme Court of North Carolina
MotioN to set aside a judgment in tbe above entitled cause, beard before Garter, J., at May Term, 1916, of G-astoN. Tbe judgment was rendered by Lane, J., at January Term, 1915. Tbe motion was made by Walter Ballew, one of tbe defendants.
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MotioN to set aside a judgment in tbe above entitled cause, beard before Garter, J., at May Term, 1916, of G-astoN. Tbe judgment was rendered by Lane, J., at January Term, 1915. Tbe motion was made by Walter Ballew, one of tbe defendants. Tbe court finds tbat said defendant was only served by a newspaper publication, and bad no notice of tbe said judgment or of tbis action until 9 May, 1916; and tbat be was not a resident of the State of North Carolina when the action was begun and bas at no time since been a resident thereof. The court set aside the judgment, and the defendants O. D.…
1Opinion of the CourtBrown, J.
The motion to set aside the judgment is made under section 449 of the Revisal, which provides that a defendant against whom publication is ordered and made, on showing sufficient cause at any time before judgment is rendered, must be allowed to defend the action, and, except in an action for divorce, such defendant may in like manner, upon good cause shown, be allowed to defend after judgment, or at any time within one year after notice thereof and within five years after its rendition, on such terms as may be just.
Under the statute the defendant "Walter Ballew had a legal right to have the…
2Cases cited7 opinions
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- Rhodes v. . RhodesSupreme Court of North Carolina · 1899
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