Dick v. . Dickson
Supreme Court of North Carolina
MotioN, to set aside a judgment by default, made before Buxton, J., at Spring Term 1869, of the Superior Court oí Cumberland.
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MotioN, to set aside a judgment by default, made before Buxton, J., at Spring Term 1869, of the Superior Court oí Cumberland. This is the case reported in ante 185. Upon return of the case, the plaintiffs obtained leave to amend their writ by striking out the names of all of the defendants, except that of R. D. Dickson, as to whom judgment final by default had been irregularly entered at Spring Term, 1867. The plaintiffs were also allowed to amend the final judgment of 1867, so as to make it a judgment by default and inquiry. Thereupon, R. D. Dickson, then left sole defendant, made it appear…
1Opinion of the Court
Settle J.
The record shows that at the last term of the Superior Court of Cumberland County, after this case had been pending for two years, and had been before this Court, upon another point, ante 185, the plaintiffs come before the Court, asking favors, and are permitted to amend in two particulars. In the first place, by striking from their writ all of the defendants except Dickson; and in the second place, by amending the record nunc pro tunc, so as to make it appear that a judgment by defo/ult and inquiry, had been entered at Spring Term 1867, instead of the “judgment by default final,”…
2Cited by4 opinions
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