Queen v. Gloucester Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at July Term, 1915, of Haywood. This is a motion to set aside a judgment upon the ground of excusable neglect.
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Appeal by defendant from Webb, J., at July Term, 1915, of Haywood. This is a motion to set aside a judgment upon the ground of excusable neglect. His Honor, before whom the motion was heard, found the following facts: The summons herein issued on 11 April, 1913, returnable to September Term, 1913, of the Superior Court of Haywood County, which convened on the eighth Monday before the first Monday of said month, and the same was duly served upon the said defendant by the sheriff of Transylvania County on 18 April, 1913. That thereafter', to wit, on 24 April, 1913, the complaint in said action…
1Opinion of the CourtAlleN, J.
The defendant has shown no reasonable excuse for its negligence in failing to defend the action and to prevent the recovery of judgment.
The frequent admonition, that “when a man has a case in court the best thing he can do is to attend to it” (Pepper v. Clegg, 132 N. C., 315; McClintock v. Insurance Co., 149 N. C., 36; Lunsford v. Alexander, 162 N. C., 530), bas not been beeded, nor bas tbe defendant measured up to tbe degree of diligence required in tbe orderly conduct of an action in court. -
“It is not enough tbat parties to a suit should engage counsel and leave it entirely in bis charge.…
2Cases cited4 opinions
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Allen v. . McPhersonSupreme Court of North Carolina · 1915
- McClintock v. . Insurance Co.Supreme Court of North Carolina · 1908
- Lunsford v. . AlexanderSupreme Court of North Carolina · 1913
3Cited by2 opinions
- Pate Ex Rel. Wright v. R. L. Pittman Hospital, Inc.Supreme Court of North Carolina · 1951
- Gaster v. GoodwinSupreme Court of North Carolina · 1963