Hunter v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from 0.' H. Allen, J., at August Term, 1913, of LeNolb. Petition for recordari. Tbe judge granted tbe writ below and ordered tbe cause to be docketed. Plaintiff excepted and appealed.
1Opinion of the CourtBkowN, J.
Tbis cause was before us at former term, 161 N. 0., 504, and tbe report of tbe case is referred to in connection witb tbis opinion.
On that appeal it was deemed unnecessary to pass on tbe question of excusable neglect, as we held that tbe affidavit of Rouse and tbe petition for recordari did not set out a meritorious defense to plaintiff’s cause of action, and we set aside tbe order granting tbe writ.
Tbe burden is on defendants to show excusable ■ neglect as well as a reasonably meritorious defense. Tbe defendants renewed tbeir motion for tbe writ, and bis Honor, Judge Allen, permitted them to…
2Cases cited5 opinions
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Smith v. . StewartSupreme Court of North Carolina · 1880
- Jones v. . SwepsonSupreme Court of North Carolina · 1886
- Ashby v. . PageSupreme Court of North Carolina · 1891
- Beville v. . CoxSupreme Court of North Carolina · 1891
3Cited by2 opinions
- Freeman v. BennettSupreme Court of North Carolina · 1958
- Meece v. Commercial Credit Co.Supreme Court of North Carolina · 1931