Bullard v. Edwards.
Supreme Court of North Carolina
ActioN by D. J. Bullard against Sandy Edwards, beard by Judge Fred Moore, at the December Term, 1905, of the Superior Court of Kobeson. This is a summary proceeding in ejectment instituted in a justice’s court.
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ActioN by D. J. Bullard against Sandy Edwards, beard by Judge Fred Moore, at the December Term, 1905, of the Superior Court of Kobeson. This is a summary proceeding in ejectment instituted in a justice’s court. The cause came on for trial before Spur-geon Iones, J. P., on the 7th day of January, 1905, and was removed upon affidavit to Alex McMillan, J. P. Prior to the return day oi the summons, the said Spurgeon Jones, J. P., issued a writ removing the defendant from possession of the premises in controversy and placing the plaintiff in possession. The writ was served on January 5, by putting…
1Opinion of the Court
Walker, J.,
after stating the case: The law requires that when a judgment has been rendered by a justice of the peace,, in the absence of either party, and the absence was caused by his mistake or excusable neglect, he may, within ten days after the date of the judgment, apply for relief to the justice by affidavit setting forth the facts. If the affidavit, which must be filed with the justice, is deemed by him sufficient, he shall rehear the case and shall cause the parties to be notified of the time and place appointed for the rehearing. Code, sec. 845; Revisal, sec. 1478. It will be seen…
2Cases cited4 opinions
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- McDaniel v. . WatkinsSupreme Court of North Carolina · 1877
- Navassa Guano Co. v. BridgersSupreme Court of North Carolina · 1885
3Cited by4 opinions
- Cooper v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1913
- Woodard v. Milling Company.Supreme Court of North Carolina · 1906
- Hicks v. . WootenSupreme Court of North Carolina · 1918
- Sparrow v. . Davidson CollegeSupreme Court of North Carolina · 1877