Beck v. . Bellamy
Supreme Court of North Carolina
Attorney and Client — Excusable Negligence — Judgment—•Setting Aside — New Trial — Judge, Discretion of — Appeal. This was a motion to set aside a judgment, heard before Gudger, Judge, at Spring term, 1885, of New HaNover Superior Court. The motion being denied, the plaintiffs appealed.
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Attorney and Client — Excusable Negligence — Judgment—•Setting Aside — New Trial — Judge, Discretion of — Appeal. This was a motion to set aside a judgment, heard before Gudger, Judge, at Spring term, 1885, of New HaNover Superior Court. The motion being denied, the plaintiffs appealed. At Fall Term, 1884, of the Superior Court of New Hanover, upon an issue of devisavit vel non submitted to the jury, the script purporting to be the will of Thomas Beck and propounded for probate as such by the executor therein named, to which a caveat had been entered by George W. Beck and the other brothers…
1Opinion of the Court
Smith, C. J.,
(after stating the case as above). It is difficult to discover in the facts ascertained and established at the hearing, any evidence, or indication even, of “ mistake, inad vertence, surprise or excusable neglect,” the statutory condition for the exercise of the invoked power, either in the verdict or rendition of judgment. Both were the result of deliberation and fully understood by cav-eators’ counsel and entered under the supervision of the Court, in a proceeding in rem, where it is the duty of the Judge to see that everything is regularly and properly done in establishing the…
2Cases cited3 opinions
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
- Foley, Bro. Co. v. . Blank LovickSupreme Court of North Carolina · 1885
- England v. . DuckworthSupreme Court of North Carolina · 1876
3Cited by14 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Wood v. WoodSupreme Court of Arkansas · 1894
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Weil v. . WoodardSupreme Court of North Carolina · 1889
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