Hudgins v. . White
Supreme Court of North Carolina
Motion to set aside a judgment heard before Pool, J., at Spring Term, 1871, of Chowan Superior Court. The facts were, that at Fall Term, 1869, the present plaintifF upon the relation of the State of North Carolina obtained judgment against the defendant White and others, on the official, bond of said White as Sheriff of Chowan County.
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Motion to set aside a judgment heard before Pool, J., at Spring Term, 1871, of Chowan Superior Court. The facts were, that at Fall Term, 1869, the present plaintifF upon the relation of the State of North Carolina obtained judgment against the defendant White and others, on the official, bond of said White as Sheriff of Chowan County. The suit was instituted in the year 1861, and tried upon the issues presented by the defendant’s pleas, to wit: “Covenants performed and no breach.” In August, 1868, the defendant, Bond, filed his petition im bankruptcy, and received his certificate of discharge…
1Opinion of the CourtReade, J.
The Code, s. 133, provides, that a Judge may, in his discretion, and upon such terms as may be just, at any time within one year, after notice, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertance, surprise or excusable neglect.
In this case the motion was made more than a year after its rendition; but it was agreed to be considered as if it had been made within time. So there is no difficulty about that.
His Honor heard evidence as to the facts under which the judgment was rendered; and refused to set it aside because he supposed he…
2Cases cited1 opinion
- Council v. . RiversSupreme Court of North Carolina · 1871
3Cited by15 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- State v. CaseySupreme Court of North Carolina · 1931
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Dunn v. . WilsonSupreme Court of North Carolina · 1936
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