May v. Stimson Lumber Co.
Supreme Court of North Carolina
MotioN by defendant to set aside a judgment rendered at January Term, 1896, of Pitt Superior Court, by Boykin, J'., heard before Graham, J., at Chambers, in Williamston, on September 16, 1896. The motion was granted and plaintiif appealed. The facts are sufficiently stated in the opinion of Chief Justice Fairoloth.
1Opinion of the Court
FaieCloth, C. J.:
Judgment was rendered in this action at January Term, 1896, by Boykin, J., and no appeal was taken. On September 10, 1896, the judgment was set aside by Graham, J., on affidavit of the defendant, alleging that it was erroneous in that only one issue was submitted to the jury, although three issues were raised by the pleadings.
The defendant having appeared by attorney and filed an answer to the complaint, he was then in court, although no summons had been served, and there was no irregularity in the course of the court in that respect.
The complaint now made is that the court…
2Cases cited2 opinions
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Simmons v. . DowdSupreme Court of North Carolina · 1877
3Cited by22 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Mills v. RichardsonSupreme Court of North Carolina · 1954
- Dockery v. Fairbanks-Morse Co.Supreme Court of North Carolina · 1916
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Wynne v. . ConradSupreme Court of North Carolina · 1941
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