Sluder v. . Rollins
Supreme Court of North Carolina
Judgment — Vacation of — Inexcusable Negleet. MotioN, to vacate a Judgment taken by default, made by the defendants and heard at Chambers in Asheville on the^ 29th day of December, 1876, .before Henry J. Upon the facts which sufficiently appear in the opinion». His Honor adjudged that the motion be allowed to the end that the defendants might file an answer and defend the/ action at the ensuing term of the Court. From this judgment the plaintiff appealed.
1Opinion of the CourtRodMAn, J.
This is an application under C. C. P. § 133, to vacate a judgment as taken by surpise, &c.
¥e are of opinion on the facts stated that the defendants are guilty of inexcusable neglect. One of the defendants-(W. W. Rollins) was in the town where the Court was sitting, on the day when judgment was rendered and on the day before, and for aught that appears could have instructed his counsel as to the defence and could have verified an answer. Another defendant (P. Rollins) had been present at the place where the Court sat, during a part of the term but was compelled by business to leave.before the…
2Cases cited1 opinion
- Waddell v. . WoodSupreme Court of North Carolina · 1870
3Cited by26 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- McGuire v. Montvale Lumber Co.Supreme Court of North Carolina · 1925
- Osborn v. . LeachSupreme Court of North Carolina · 1903
21 more not listed; retrieve them via the Exa API.