Isler v. . Brown .
Supreme Court of North Carolina
This was an application under the C. C. P., sec. 133, made to the Judge of the Superior Court of Jones county, to set aside a judgment between the parties upon the ground that it had been obtained by a mistake. His Honor, Clarke, J., made order to set the judgment aside and granted a new trial at the last term of the Court, and the plaintiff appealed. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtReade, J.
At a former term of the Court below there had been judgment against the plaintiff, and he appealed to this Court, and at- Term of this Court there was a new trial granted ; and at Spring Term, 1872, of the Court below there ivas judgment for plaintiff, and the defendant appealed; and at the June Term of this Court the judgment was affimed, and judgment here for plaintiff; 67 N. C. Rep. 175.
At Spring Term, 1873, of the Court below, the defendant moved to vacate the judgment rendered against him at Spring Term, 1872, upon the ground of mistake under C. C. P. sec. 133, and his Honor vacated the…
2Cases cited1 opinion
- Isler v. . BrownSupreme Court of North Carolina · 1872
3Cited by10 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1900
- State v. Dewey.Supreme Court of North Carolina · 1905
- Hinson v. . AdrianSupreme Court of North Carolina · 1884
- Skinner v. . BlandSupreme Court of North Carolina · 1882
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