Legal Opinion

Randolph v. Heath

Supreme Court of North Carolina

Decided May 3, 1916PublishedCited by 6 opinions

Appeal by defendant from Adams, J., at February Term, 1916, of UnioN.

1Opinion of the CourtClabk, C. J.

This is an appeal from a refusal of a motion to set aside a judgment which was rendered at December Term, 1914, of Union. The motion was made on three grounds:

1. That the judgment was irregular in that the plaintiff amended the complaint before judgment, but after service of summons, by adding other names as members of the firm of E. & C. Randolph. This, however, was a matter of discretion in the trial judge. The defendant had notice of the amendment.

2. On the ground of inadvertence, surprise, mistake, and excusable neglect. The motion was properly refused on this ground. The summons was…

2Cases cited3 opinions

  1. Rankin v. Mitchem.Supreme Court of North Carolina · 1906
  2. State v. McGinnis.Supreme Court of North Carolina · 1905
  3. Garseed v. Sternberger.Supreme Court of North Carolina · 1904

3Cited by6 opinions

  1. Howard v. . HowardSupreme Court of North Carolina · 1931
  2. Cody v. . HoveySupreme Court of North Carolina · 1941
  3. Overman v. . LanierSupreme Court of North Carolina · 1911
  4. Respess v. . Spinning Co.Supreme Court of North Carolina · 1926
  5. Respess v. Rex Spinning Co.Supreme Court of North Carolina · 1926

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