Deal v. . Palmer
Supreme Court of North Carolina
Motion to set aside a judgment rendered in a civil action,, for the recovery of the possession of a tract of land, heard before Mitchell, X, at the Fall Term, 1872, of the Superior' Court of Caldwell county. At Spring Term, 1872, the plaintiff filed his complaint and the defendant his answer, the latter, as the case states, giving no bond for costs or damages.
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Motion to set aside a judgment rendered in a civil action,, for the recovery of the possession of a tract of land, heard before Mitchell, X, at the Fall Term, 1872, of the Superior' Court of Caldwell county. At Spring Term, 1872, the plaintiff filed his complaint and the defendant his answer, the latter, as the case states, giving no bond for costs or damages. During the term, but after the defendant and his attorney had left the Court, the plaintiff, finding no bond filed by defendant, caused the Clerk of the Court to enter up judgment in his favor for want of an answer, upon which judgment…
1Opinion of the CourtSettle, J.
We are of opinion that his Honor had the power to relieve the defendant from the judgment taken against him at Spring Term, 1872, and that in so doing he exercised a sound discretion.
The Code of Civil Procedure, sections 132 and 133, clothes the Superior Court Judges, as we think, wisely, with large discretion as to amendments in furtherance of justice, and relief in cases of mistake.
But the plaintiff complains further, that after the adjournment of Court at Fall Term, 1872, without notice, his Honor made an order, at Chambers,- granting permission to the de fendant to answer without giving…
2Cases cited1 opinion
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