Simpson v. . Brown
Supreme Court of North Carolina
MotioN by T. A. Fowler to set aside a judgment rendered at January Term, 1895, of UNION Superior Court, beard before Timberlahe, Jupon affidavits alleging excusable neglect, &c. ITis Honor refused the motion and defendant appealed. The facts appear in the opinion of Chief Justice Eaikoloth.
1Opinion of the Court
Faikclotii, C. J.:
This is a motion to set aside a judgment for excusable neglect, under The Gode, Section 274.
Facts: The summons was served and returned to January Term, 1894, when the defendant Fowler employed an attorney to attend to the case. The attorney died on March 18, 1894, having failed to enter an appearancé. At August Term, 1894, the defendant was present and knew his attorney was dead, but employed no other attorney. One month before January Term, 1895, the case was put on the calendar and was set for trial on January 4, 1895, and the calendar was published in two weekly…
2Cases cited1 opinion
- Kivett v. . WynneSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
- Gaster v. GoodwinSupreme Court of North Carolina · 1963