Legal Opinion

Hinsdale v. . Hawley

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 5 opinions

MOTION to set aside a judgment heard at Eall Term, 1882, of CUMBERLAND Superior Court, before Gilmer, J. This action, upon a promissory note given by Hawley & Lee, was begun in April, 1867, against the surviving partner Lee, and the defendant Sarah E. Hawley, administratrix of the deceased partner, and at the return term of the superior court of law of Cumberland, the administratrix entered the plea of fully administered.

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MOTION to set aside a judgment heard at Eall Term, 1882, of CUMBERLAND Superior Court, before Gilmer, J. This action, upon a promissory note given by Hawley & Lee, was begun in April, 1867, against the surviving partner Lee, and the defendant Sarah E. Hawley, administratrix of the deceased partner, and at the return term of the superior court of law of Cumberland, the administratrix entered the plea of fully administered. No other defence appears to have been made against a recovery. At November term, 1869, the cause having been transferred to the superior court, judgment was entered up in…

1Opinion of the Court

SMITH, C. J.,

after stating the case. Our attention is called to the case of Wolfe v. Davis, 74 N. C., 597, wherein a judgment, essentially the same in terms as the present, is held to be irregular, and a refusal to set it aside reversed for error. The ruling would be directly applicable if the movement in this case for the vacation of the judgment, as in that, had proceeded from the defendant, the injured party. The administratrix has been deprived of her defence of a want of assets, .po as to render her personally chargeable, if the record remains showing an absolute and final judgment…

2Cases cited4 opinions

  1. Rollins v. . HenrySupreme Court of North Carolina · 1878
  2. Wolfe v. DavisSupreme Court of North Carolina · 1876
  3. Jacobs v. . T. P. and S.E. BurgwynSupreme Court of North Carolina · 1869
  4. Ray v. . PattonSupreme Court of North Carolina · 1882

3Cited by5 opinions

  1. Carraway v. LassiterSupreme Court of North Carolina · 1905
  2. Knott v. . TaylorSupreme Court of North Carolina · 1888
  3. Carraway v. . LassiterSupreme Court of North Carolina · 1905
  4. Mock v. . CogginSupreme Court of North Carolina · 1888
  5. Amity Apartments, Inc. v. MartinConnecticut Appellate Court · 1971

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