Skinner v. . Terry
Supreme Court of North Carolina
This was a Motion, tried at Chambers in Edenton, ChowaN County, May, 1890, before Whitaker, J. The plaintiffs, having filed their complaint, the defendant filed his demurrer to the same. The Court held that this demurrer was frivolous, and the defendant excepted, declaring his purpose to appeal to this Court.
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This was a Motion, tried at Chambers in Edenton, ChowaN County, May, 1890, before Whitaker, J. The plaintiffs, having filed their complaint, the defendant filed his demurrer to the same. The Court held that this demurrer was frivolous, and the defendant excepted, declaring his purpose to appeal to this Court. He then at once moved the Court to allow him to file an answer to the complaint, but this motion was denied, upon the ground that the Court “had no power to permit the answer to be filed." The Court then gave judgment for the plaintiffs, and the defendant, having excepted thereto,…
1Opinion of the Court
MekrimoN, C. J.:
The statutory provision [The Code, §274), invoked by the defendant, provides that “The judge * * * may also, in his discretion, and upon such terms as ma}>' be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect,” &c. This implies not simply any, but reasonable mistake, inadvertence, or excusable neglect as to, or surprise occasioned ’ by some fact, or something that has or has not been done, of which the complaining party ought…
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