United States v. Jenkins
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville. Application by Walter Jenkins and J. E. Shuler for the remission of the penalty of a forfeited recognizance. From a judgment granting such relief, the United States brings error.
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In Error to the District Court of the United States for the Western District of North Carolina, at Asheville. Application by Walter Jenkins and J. E. Shuler for the remission of the penalty of a forfeited recognizance. From a judgment granting such relief, the United States brings error. At the May term, 1894, of the United States District Court, at Asheville, judgment final was entered upon a forfeited recognizance in favor of the United States and against the defendants in the sum of $200. Execution was issued on the judgment in 1895 and returned nulla bona, and no other execution was…
1DissentMcDOWELL, District Judge
I find myself unable, to concur in the opinion of the court. Leaving out of view section 1020, Rev. St., for the present, the judgment sought to be reviewed appears to me to be one by which a judgment rendered over 13 years previously was in large part vacated and set aside on the ground of excusable neglect in failing to make defense to the scire facias. Section 513 of the North Carolina Revisal of 1905 reads as follows:
“Mistake, surprise, excusable neglect. The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment,…
2Cases cited7 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- The Farmers'loan and Trust Co.Supreme Court of the United States · 1889
- Cook v. BurnleySupreme Court of the United States · 1867
- Steines v. Franklin CountySupreme Court of the United States · 1872
- Same CaseSupreme Court of the United States · 1871
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