Koonce v. . Butler
Supreme Court of North Carolina
MotioN to vacate a judgment heard, in a case pending in JoNes Superior Court, at Chambers in Wilson on the 9th of March, 1880, before Avery, J. The court allowed the motion and the plaintiff appealed.
1Opinion of the Court
Smith, O. J.
Upon the evidence the court finds that the defendant, John A. Guión, who moves to set aside the judgment recovered by the plaintiff against himself and others at fall term, 1863, of the superior court of law of Jones, as to himself, was not served with process, nor had he any notice of the institution of the suit or of the rendition of the judgment until the month of November, 1879. The motion is opposed by the plaintiff upon the two-fold ground that the defendant war represented by counsel in the original action, and that, upon notice and after hearing evidence, the clerk, prior…
2Cases cited5 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Sanderson v. . DailySupreme Court of North Carolina · 1880
- Weaver v. . JonesSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Hatcher v. FaisonSupreme Court of North Carolina · 1906
- Wolfe v. . DavisSupreme Court of North Carolina · 1876