Legal Opinion

Cowan v. . Cunningham

Supreme Court of North Carolina

Decided December 18, 1907PublishedCited by 2 opinions

MotioN to set aside judgment, tried before Gooke, J., at August (Special) Term, 1907, of tbe Superior Court of Swain County. Tbe motion was denied, and- defendants excepted and appealed.

1Opinion of the Court

Pee Cueiam:

Tbe judgment in tbis case was rendered against John T. Cunningham andD. A. C. Ward, as partners, at Spring Term, 1901, of tbe Superior Court of Swain County, on a note for $537.30, signed “J. T. Cunningham & Co. (Seal), per J. T. Cunningham (Seal)/’ with an allegation that tbe company was composed of defendants J. T. Cunningham and D. A. C. Ward. Tbe complaint was filed in due course of tbe court, at Fall Term, 1900, and at Spring Term, 1901, defendants having filed no answer, judgment by default final was rendered against defendants for tbe amount of the note and interest. Some…

2Cases cited3 opinions

  1. Becton v. Dunn.Supreme Court of North Carolina · 1905
  2. McNeal Pipe & Foundry Co. v. Woltman, Keith & Co.Supreme Court of North Carolina · 1894
  3. Burwell v. . LinthicumSupreme Court of North Carolina · 1888

3Cited by2 opinions

  1. McNair v. . YarboroSupreme Court of North Carolina · 1923
  2. Miller v. . CurlSupreme Court of North Carolina · 1913

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