May v. National Fire Insurance
Supreme Court of North Carolina
MotioN to set aside a judgment, heard at July Termj 1916, of Swain, before S.ardvng, J. The court set aside the judgment, and plaintiff appealed.
1Opinion of the CourtBkowN, J.
Tbe defendant bases its motion to set aside the judgment upon two grounds, viz., excusable neglect and that the circumstances under which the judgment was rendered make it irregular and void.
We will consider only the second ground.
The facts are that the Superior Court of Swain County, to which the summons in this case was returnable, convened on 6 March, 1916, Long, Judge, presiding. The complaint was filed on 7 March and the answer 18 March.
The judge finds “that the defendant has a good and meritorious defense to plaintiff’s claim; that on 12 March, 1916, the judge presiding left the bench;…
2Cases cited1 opinion
- Hardee v. . TimberlakeSupreme Court of North Carolina · 1912
3Cited by7 opinions
- E-B Grain Co. v. DentonCourt of Appeals of North Carolina · 1985
- Grady v. . ParkerSupreme Court of North Carolina · 1947
- Berry v. . BerrySupreme Court of North Carolina · 1939
- Edwards v. . PerrySupreme Court of North Carolina · 1935
- White Way Laundry, Inc. v. UnderwoodSupreme Court of North Carolina · 1941
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