Jones-Onslow Land Co. v. Wooten
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at December Term, 1918, of 'ONSLOW. Tbis is an appeal from an order' setting aside a prior judgment by default final obtained by the plaintiff. The facts are found in detail by the judge.
1Opinion of the CourtClark, C. J.
This was a motion by J. S. Wooten, one of the defendants, to set aside a judgment by default final rendered at October Term, 1918, on the allegation that the judgment was irregular, and also on the •ground of excusable neglect. There was no irregularity in taking the judgment, and upon the facts found the neglect of the defendant was not excusable.
This action was begun by the plaintiff alleging that it was in-possession and asking to set aside the claim of the defendant as a cloud upon title. The summons issued in June, 1913, returnable to Onslow. The •complaint, duly verified, was filed at…
2Cases cited6 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Gainesville & Alachua Hospital Ass'n v. HobbsSupreme Court of North Carolina · 1910
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3Cited by26 opinions
- Thomas M. McInnis & Associates, Inc. v. HallSupreme Court of North Carolina · 1986
- Moore v. DealSupreme Court of North Carolina · 1954
- Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- Couch v. Private Diagnostic ClinicCourt of Appeals of North Carolina · 1999
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