Hyde County Land & Lumber Co. v. Thomasville Chair Co.

This motion to set aside the judgment was upon two grounds, irregularity and surprise. The facts are as follows:

Summons issued from Hyde Superior Court 11 April, 1925, returnable 27 April, 1925, and served, with copy of complaint, 16 April, 1925.' Answer filed 6 May, 1925, and plaintiff’s reply filed 16 May, 1925. The next term of Hyde Superior Court convened 18 May, 1925. Plaintiff’s reply denied the defendant’s allegation of payment and discharge of indebtedness which constituted plaintiff’s cause of action. The cause was called for trial 22 May, 1925, and the issues raised by the pleadings…