Sikes v. . Weatherly
Supreme Court of North Carolina
MotioN to vacate a judgment, heard at Spring Term, 1891, of Tykrell Superior Court, Bryan, J., presiding. The plaintiff brought this action against the defendants therein, husband and wife, to the Spring Term, 1890, of the Superior Court of the county of Tyrrell, and at the Fall Term of that Court next thereafter obtained judgment by default final for want of an answer.
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MotioN to vacate a judgment, heard at Spring Term, 1891, of Tykrell Superior Court, Bryan, J., presiding. The plaintiff brought this action against the defendants therein, husband and wife, to the Spring Term, 1890, of the Superior Court of the county of Tyrrell, and at the Fall Term of that Court next thereafter obtained judgment by default final for want of an answer. At the next succeeding term, the feme defendant moved to set aside this judgment upon the ground of surprise and excusable neglect, as allowed by the statute (The Code, § 274). The Court heard and disposed of the motion upon…
1Opinion of the CourtMerrimon, C. J.
after stating the case: The findings of fact by the Court are not reviewable here, and these plainly show that the appellee was the wife of her co-defendant; that she requested the latter to émploy counsel and make defence for her, and she expected he would do so; that he promised that he would ; that he was ignorant and negligent and failed to employ counsel or give the action any attention. The wife might reasonably ask her husband to employ counsel for her and rely upon his promise to do so; it was fit and proper that he should. That he so failed, might well surprise her and make excusable…
2Cases cited2 opinions
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Nicholson v. . CoxSupreme Court of North Carolina · 1880
3Cited by11 opinions
- Farmers & Merchants Bank v. DukeSupreme Court of North Carolina · 1924
- Osborn v. . LeachSupreme Court of North Carolina · 1903
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Jones v. STATESVILLE ICE AND FUEL COMPANYSupreme Court of North Carolina · 1963
- Creed v. . MarshallSupreme Court of North Carolina · 1912
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