Morris v. Liverpool, London & Globe Insurance
Supreme Court of North Carolina
ActioN by B. Morris against Liverpool, London and Globe Insurance Company, beard by Judge Walter H. Neal, at Chambers, in Laurinburg, N. 0., on 24th day of June, 1902. From the refusal of the Court to set aside tbe judgment, tbe defendant appealed.
1Opinion of the CourtCuark, J.
This is a motion to set aside a judgment for excusable neglect under The Code, See. 274. The findings of fact by the Judge are conclusive, except when there is no evidence to support them. Koch v. Porter, 129 N. C., 132; Clark’s Code (3d Ed.), page 311. Whether the facts found constitute excusable neglect is a conclusion of law reviewable on appeal. But if there is' excusable neglect, whether the Judge shall then set aside the judgment or not rests “in his discretion,” by the terms of section 274, from which an appeal lies only when there has been a clear abuse of such discretion. Wyche v.…
2Cases cited10 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Cowles v. CowlesSupreme Court of North Carolina · 1897
- White v. . SnowSupreme Court of North Carolina · 1874
- Brown v. . HaleSupreme Court of North Carolina · 1885
- Wyche v. . RossSupreme Court of North Carolina · 1896
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3Cited by14 opinions
- State v. GrundlerSupreme Court of North Carolina · 1959
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Stephens Ex Rel. Houston v. ChildersSupreme Court of North Carolina · 1952
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
9 more not listed; retrieve them via the Exa API.