Gorgon v. Pintsch Gas Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at September Term, 1919, of Richmond. Tbis action was instituted against tbe Pintscb Gas Company in 1913 to recover damages for emptying sewage on tbe lot of tbe plaintiff in tbe town of Hamlet, N. C. Judgment by default and inquiry was taken at December Term, 1913, for want of an answer.
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Appeal by defendant from Lane, J., at September Term, 1919, of Richmond. Tbis action was instituted against tbe Pintscb Gas Company in 1913 to recover damages for emptying sewage on tbe lot of tbe plaintiff in tbe town of Hamlet, N. C. Judgment by default and inquiry was taken at December Term, 1913, for want of an answer. At March Term, 1918, tbe inquiry was instituted, and tbe jury found, in response to tbe issue submitted: “What damages, if anything, is tbe plaintiff entitled to recover of tbe defendant in tbis action?” “$2,975.” And thereupon judgment was entered for that sum. On 26 June,…
1Opinion of the CourtClaek, C. J.
The defendant, upon its own showing, failed “to give the matter that amount of attention which a man of ordinary prudence usually gives to his important business,” and therefore would not be entitled to set aside the judgment for excusable neglect, even if such motion had not been barred by the lapse of more than a year. • Sluder v. Rollins, 76 N. C., 271; Roberts v. Allman, 106 N. C., 394, and citations thereto in Anno. Ed.
The case stands, therefore, upon the power of the court, in its discretion, to allow the amendment asked for. Rev., 507, provides that the “Judge or court may, before and…
2Cases cited5 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- Asheville Division No. 15 v. . AstonSupreme Court of North Carolina · 1885
- McCrea v. Starr.Supreme Court of North Carolina · 1809
3Cited by9 opinions
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
- Bailey v. McPhersonSupreme Court of North Carolina · 1951
- Hughes v. OliverSupreme Court of North Carolina · 1948
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
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