Simmons v. . Dowd
Supreme Court of North Carolina
MotioN to correcta Judgment beard at Spring Term, 1877, of Mecklenburg Superior Court, before Cloud, J. The action was originally brought against Samuel A. Harris, the intestate of defendant.
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MotioN to correcta Judgment beard at Spring Term, 1877, of Mecklenburg Superior Court, before Cloud, J. The action was originally brought against Samuel A. Harris, the intestate of defendant. The allegation was that in 1862, Harris agreed in consideration of reasonable commissions as agent of plaintiff, to hire out certain slaves of plaintiff, and that he did not comply with the contract. 'This case was referred to Referees, who reported among •other things, that Harris had hired out the slaves for a certain period in Confederate currency, but had not paid the •same to plaintiff. They further…
1Opinion of the Court
Read®, J.
The motion of the defendant and the action of the Court below were evidently based upon the idea that C. C. P. § 133, applied to the case, but that was a mistake.
That section provides that where a party — not where the Court — but where a party has been at sqme default in consequence of which a wrong judgment has been rendered against him, he may be relieved against it at any time within a year if he will move, and if the Court shall be of the opinion that his default was excusable. The words of the section are “may relieve a party-from a judgment, &c., taken against-him through his…
2Cited by6 opinions
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- In Re PerryIndiana Court of Appeals · 1925
- Mills v. RichardsonSupreme Court of North Carolina · 1954
- May v. Stimson Lumber Co.Supreme Court of North Carolina · 1896
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
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