Allen v. . McPherson
Supreme Court of North Carolina
Appeal by tbe defendant from tbe refusal by Cooke, J., at March Term, 1914, of Wake, of a motion to set aside tbe judgment on tbe ground of excusable neglect.
1Opinion of the Court
Clark, C. J".
Tbis was a motion to set aside tbe judgment on tbe ground of excusable neglect. Tbe summons was issued 25 January, 1913. Time to file complaint was extended and it was filed at April Term, 1913. Tbe defendant was allowed till next term to file answer, but be did not tben file answer, and at tbe fifth term after filing tbe complaint tbe plaintiff moved for and obtained judgment by default and inquiry. -Tbe defendant bad employed a lawyer living at Lillington, in Harnett County (where tbe defendant himself lived), and did not employ any resident or local couiisel in Wake, where tbe…
2Cases cited10 opinions
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- State v. McLeanSupreme Court of North Carolina · 1897
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