Legal Opinion
John F. Seymour & Co. v. Cohen
Supreme Court of North Carolina
Decided June 5, 1872PublishedCited by 2 opinions
Motion to set aside a judgment, heard before Glarh, Jat Chambers. No notice was given by the defendant, against whom the jndgment was rendered, to the plaintiff, of the motion to set aside and vacate the judgment. Ilis Honor ordered the judgment to be vacated and that defendant be permitted to plead. Prom this order plaintiff appealed.
1Opinion of the CourtReade, J.
The only question necessary for us to consider, is, was notice to the adverse party, of the motion to vacate the judgment, necessary. Notice was necessary, and the order vacating the judgment without notice was erroneous.
Per Curiam. Judgment reversed.
2Cited by2 opinions
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1890
- Sutton v. . McMillanSupreme Court of North Carolina · 1875