Beaufort Lumber Co. v. Cottingham
Supreme Court of North Carolina
Motioet to set aside a judgment, beard by Kerr, J., at December Term, 1916, of RobesoN. This controversy grew out of a case wbieb was before this Court at a former term, Lumber Co. v. Gotiingham, 168 N. C., 544, affirmed on rebearing. Tbe present proceeding is an application to set aside tbe judgment rendered at December Term, 1914, in tbe case, for excusable neglect.
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Motioet to set aside a judgment, beard by Kerr, J., at December Term, 1916, of RobesoN. This controversy grew out of a case wbieb was before this Court at a former term, Lumber Co. v. Gotiingham, 168 N. C., 544, affirmed on rebearing. Tbe present proceeding is an application to set aside tbe judgment rendered at December Term, 1914, in tbe case, for excusable neglect. After the judgment bad been entered because tbe defendants bad failed to comply witb tbe condition of a continuance granted by Judge Cooke, wbo presided ,at December Term, 1914, tbe plaintiff’s counsel, of their own motion,…
1Opinion of the Court
"Walker, J.,
after stating the case: There is no ground upon which it can be claimed that there was any excusable neglect during the term of the court at which the judgment was rendered. A continuance was granted the defendants by Judge Cooke upon terms which were that they secure any damages plaintiffs recovered, by bond or mortgage, as specifically set forth, and these terms were accepted by defendants, though not complied with by them, and Judge Cooke found as facts that defendants had said late in the term “that they would not comply with the order, and it was then too late to try the…
2Cases cited23 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
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- Albertson v. . TerrySupreme Court of North Carolina · 1891
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