Bank of Glade Springs v. Palmer
Supreme Court of North Carolina
Appeal from Long, Jat the Spring Term, 1910, of Ashe. Motion to vacate a judgment. The action was to set aside a deed from Chas. E. Palmer to his wife, Sue M. Palmer, on the allegation that same was fraudulent as to creditors.
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Appeal from Long, Jat the Spring Term, 1910, of Ashe. Motion to vacate a judgment. The action was to set aside a deed from Chas. E. Palmer to his wife, Sue M. Palmer, on the allegation that same was fraudulent as to creditors. Summons was issued in January, 1909, and defendants being non-residents, same was duly served by publication, verified complaint filed 11 January, 1909. At March Term, 1909, defendants failed to appear in person or by attorney, and at July Term, following, judgment was duly obtained. Among the findings of fact it was made to appear “that said July Term, 1909, convened…
1Opinion of the Court
Hoe:e, J.
It has been held by this Court that a party litigant “who seeks to be excused for laches, on the ground of excusable neglect, must show that the counsel employed is one who regularly practices in the court where the litigation is pending or at least one who is entitled to practice therein and was especially engaged to go thither and attend to the case.” Manning v. R. R., 122 N. C., p. 824. A proper application of this principle would seem to deprive Charles F. Palmer of any right to relief in this ease, but we are of opinion that, on the facts in evidence, no such position should…
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