Mabry v. . Henry
Supreme Court of North Carolina
Motion to set aside a judgment, heard at Fall Term, 1879, of Buncombe Superior Court, before Graves, J. Both parties appeal from the ruling of the court below.
1Opinion of the Court
Both parties appeal from the ruling of the court below. The plaintiff after due service of process and for want of an answer recovered judgment against the defendants at fall term, 1874, of Buncombe superior court for $5,416.50, whereof $3,000 is principal money. On December 26th, 1876, notice of a motion to vacate the judgment was served upon the plaintiff's attorney, upon the following grounds therein assigned:
1. On account of mistake, inadvertence, surprise or excusable neglect.
2. For that the judgment was obtained against the course of the court and is irregular and this defendant has a…
2Cases cited5 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Mabry v. . ErwinSupreme Court of North Carolina · 1878
- State v. . EvansSupreme Court of North Carolina · 1876
- Thompson v. . BadhamSupreme Court of North Carolina · 1874
3Cited by15 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Moore v. HornerIndiana Supreme Court · 1896
- Allison v. . WhittierSupreme Court of North Carolina · 1888
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