Warren v. . Harvey Fowle
Supreme Court of North Carolina
MotioN to sot aside a judgment heard at Fall Term, 1884, of Beaufort Superior Court, before Graves, Judge. On the 27th day of March, 1884, a summons was issued in ■this cause, which was duly served, and a verified complaint was filed. On the last day of Spring Term, 1884, the cause was called, upon the summons docket, and the plaintiff asked for judgment for want of an answer, and the defendant asked for further time to answer, which was refused.
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MotioN to sot aside a judgment heard at Fall Term, 1884, of Beaufort Superior Court, before Graves, Judge. On the 27th day of March, 1884, a summons was issued in ■this cause, which was duly served, and a verified complaint was filed. On the last day of Spring Term, 1884, the cause was called, upon the summons docket, and the plaintiff asked for judgment for want of an answer, and the defendant asked for further time to answer, which was refused. A judgment for want of an answer was thereupon handed to His Honor to be signed, when counsel for the defendant asked if an answer was filed before…
1Opinion of the CourtSmith, C. J.
Here several grounds are assigned in support of the motion made by defendant, Harvey, to be relieved from the judgment by default rendered against him at a previous term.
1. That it ivas conditional and superseded by the answer after-wards filed;
2. That it is irregular; and
3. That it was the result of surprise aud excusable neglect under The Code, §274.
The ruling of the Court is, that the facts do not constitute a case of excusable neglect, and that the denial of the application for an extension of the time for putting in an answer was an adjudication upon the matter involved in the present…
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