Gwathney v. . Savage
Supreme Court of North Carolina
This is an appeal from a judgment of Graves, J, rendered at Spring Term, 1888, of Halifax Superior Court, setting aside for excusable neglect a judgment theretofore rendered in the cause.
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This is an appeal from a judgment of Graves, J, rendered at Spring Term, 1888, of Halifax Superior Court, setting aside for excusable neglect a judgment theretofore rendered in the cause. The action in which the judgment, which the defendant Garrett moves to have set aside was rendered, was institu-tuted by the plaintiffs to foreclose the defendant Savage of the equity of redemption in certain lands conveyed by him to secure the payment of the debts to the plaintiff mentioned in the complaint. The following summary of facts as found by the Court will be sufficient to present the question…
1Opinion of the Court
Davis, J.,
(after stating the case.) The defendant Garrett had employed an attorney practicing in the Courts of Halifax ; he had furnished his said attorney with the facts material for his answer, and he had reason to suppose that, with the facts before him, his attorney would not neglect to put in an answer and protect his interest. The complaint was verified, and no verified answer was put in. This was neg lect — whose neglect was it? Was it the neglect of the defendant, and if so, was it excusable ?
The plaintiff says that it was the duty of the defendant to have been at Court, and that it…
2Cases cited3 opinions
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Ellington, Royster & Co. v. WickerSupreme Court of North Carolina · 1882
- Whitson v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
3Cited by9 opinions
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Moore v. DealSupreme Court of North Carolina · 1954
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Sutherland v. . McLeanSupreme Court of North Carolina · 1930
- Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916
4 more not listed; retrieve them via the Exa API.