Legal Opinion

Gwinn v. . Parker

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 11 opinions

Civil aotioN, heard at Spring Term, 1896, of Gates Superior Court, before Robinson, J. The plaintiff appealed from the order referred to in the opinion of Chief Justice Faiboloth.

1Opinion of the Court

EaiRcloth, C. J.:

The plaintiff, having previously filed a complaint, on Thursday, Spring Term, 1896, obtained judgment for want of an answer. On the next day the Judge, on defendants’ affidavit and application, set aside the judgment and allowed defendants 30 days to answer. Plaintiff appealed.

It has been the settled rule for some time that any order or decree made was, during the term, in fieri, and that the Court during the term could vacate or modify the same.

The Court has the discretion also, not reviewable, to extend the time for filing pleadings. Code, Sec. 274; Gilchrist v. Kitchen, 86…

2Cases cited2 opinions

  1. Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
  2. Brown v. . HaleSupreme Court of North Carolina · 1885

3Cited by11 opinions

  1. Woodcock v. . MerrimonSupreme Court of North Carolina · 1898
  2. Cook v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
  3. Mecke v. Valleytown Mineral Co.Court of Appeals for the Fourth Circuit · 1899
  4. State v. . McLambSupreme Court of North Carolina · 1935
  5. Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1897

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