Schiele v. North State Fire Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at December Term, 1915, of Guilfoed. Civil action to set aside a judgment by default final, on tbe ground of surprise and excusable neglect, and at tbe bearing tbe court found tbe following facts: “That suit is brought upon a judgment alleged to have been obtained by tbe plaintiffs against A. J. Dillard and tbe defendant North State Eire Insurance Company in July, 1909, at Hot Springs, Arkansas, and tbe same was placed in tbe bands of…
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Appeal by plaintiff from Justice, J., at December Term, 1915, of Guilfoed. Civil action to set aside a judgment by default final, on tbe ground of surprise and excusable neglect, and at tbe bearing tbe court found tbe following facts: “That suit is brought upon a judgment alleged to have been obtained by tbe plaintiffs against A. J. Dillard and tbe defendant North State Eire Insurance Company in July, 1909, at Hot Springs, Arkansas, and tbe same was placed in tbe bands of Messrs. Douglas & Douglas, attorneys practicing at tbe Greensboro bar, for collection. That in June, 1913, Messrs. Douglas…
1Opinion of the CourtAlleN, J.
Tbe court finds as a fact that tbe defendant has a meritorious defense, and if tbe allegations of tbe answer are true, it was justified in so doing.
It appears from tbe answer and tbe findings of fact that an action was instituted in tbe courts of Arkansas in 1907 by one Dillard against tbe defendant insurance company; that tbe plaintiffs in tbis action intervened in said action for tbe purpose of attaching tbe debt due from tbe insurance company to Dillard; that tbe defendant answered in said action; that thereafter Dillard recovered judgment; that tbe defendant paid tbe full amount of tbis…
2Cases cited15 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Taylor v. . PopeSupreme Court of North Carolina · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grandy v. Carolina Products Co.Supreme Court of North Carolina · 1918
- Ellington v. . WickerSupreme Court of North Carolina · 1882