Cowles, Adm'r v. . Hayes and Another
Supreme Court of North Carolina
Motion to set aside a judgment, heard before Mitcllell, Jr., at the Spring Term, 1873, of Iredell Superior Court. The plaintiff on the 27th day of January, 1873, gave the-the defendants notice that he should move at the next ternr to set aside a judgment theretofore rendered against him,, and re-instate the suit on the docket.
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Motion to set aside a judgment, heard before Mitcllell, Jr., at the Spring Term, 1873, of Iredell Superior Court. The plaintiff on the 27th day of January, 1873, gave the-the defendants notice that he should move at the next ternr to set aside a judgment theretofore rendered against him,, and re-instate the suit on the docket. The facts as found by his Plonor are : The plaintiff, as-administrator of one James Howard, caused a summons to-be issued and returned before a Justice of the Peace on the 12th day of February, 1870, against the defendants, to recover $156.65, alleged to be due by a…
1Opinion of the CourtRodman, J.
It is clear from what was said in this case in 67 N. C. Rep. 128, that the" Judge erred in undertaking to decide the appeal from-the Justice on the papers merely, and out of term time. It was held also that the plaintiff was mistaken in his remedy when he applied for' a reco'rdari to the Justice, because having appealed, the case was no longer before the Justice, but in the Superior Court. His only remedy possible was by applying to the Judge to vacate the judgment, which he made at Chambers. That is the course which he is now taking. The motion is not made under sec. 133, C. C. P., the…
2Cases cited1 opinion
- Cowles v. . HayesSupreme Court of North Carolina · 1872
3Cited by10 opinions
- Becton v. Dunn.Supreme Court of North Carolina · 1905
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
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