Legal Opinion

Allen v. . McPherson

Supreme Court of North Carolina

Decided March 24, 1915PublishedCited by 11 opinions

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

  1. Roberts v. . AllmanSupreme Court of North Carolina · 1890
  2. Norton v. . McLaurinSupreme Court of North Carolina · 1899
  3. Pepper v. Clegg.Supreme Court of North Carolina · 1903
  4. Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
  5. State v. McLeanSupreme Court of North Carolina · 1897

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Cahoon v. BrinkleySupreme Court of North Carolina · 1918
  2. Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
  3. Dehoff v. . BlackSupreme Court of North Carolina · 1934
  4. Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
  5. Craver v. . SpaughSupreme Court of North Carolina · 1946

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API