Brown v. . Hale
Supreme Court of North Carolina
Discretion of Judge— Vacating Judgment — Negligence.—Attorney and Client. Motiou to set aside a Judgment, heard before Gudger, Judge, at Fall Term, 1885, of PENDER Superior Court. The action was brought to recover possession of iand. In the Superior Court at the appearance term, the plaintiff filed his complaint.
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Discretion of Judge— Vacating Judgment — Negligence.—Attorney and Client. Motiou to set aside a Judgment, heard before Gudger, Judge, at Fall Term, 1885, of PENDER Superior Court. The action was brought to recover possession of iand. In the Superior Court at the appearance term, the plaintiff filed his complaint. The defendant did not at that term file an answer, or otherwise plead, but the Court made an order, of which the following is a copy: “By consent of counsel * * * * it is ordered that the defendant be allowed ninety days to answer and file the bond as of this term. A copy of answer…
1Opinion of the Court
Merrimon, J.,
(after stating the case as above). It appears that the defendant and his counsel were fully informed at the time the judgment was granted, as to the excuse for failing to file the answer within the time allowed by the order of the Court. The Court had authority to allow or refuse to allow it to be then filed. Application for leave to file it should then have been made; indeed, it seems that such application was made and the Court refused to grant -it. If so, such refusal was conclusive, certainly, as the defendant failed to except and appeal. It does not appear very clearly in…
2Cases cited5 opinions
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Kerchner v. . BakerSupreme Court of North Carolina · 1880
- Bank of Statesville v. FooteSupreme Court of North Carolina · 1877
- Foley, Bro. Co. v. . Blank LovickSupreme Court of North Carolina · 1885
- Norwood v. . KingSupreme Court of North Carolina · 1882
3Cited by10 opinions
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Cowles v. CowlesSupreme Court of North Carolina · 1897
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
- McKeel Hardware Co. v. BuhmannSupreme Court of North Carolina · 1912
- Gwinn v. . ParkerSupreme Court of North Carolina · 1896
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