N. C. Joint Stock Land Bank v. Cherry

The findings of fact made by the court below were unchallenged by exception. From these it appears that the plaintiff Bank instituted suit in the Superior Court of Durham County and obtained judgment against the above named defendants, including the defendant Holden, for the balance due on an obligation under seal, which the defendant Holden had assumed and in writing promised to pay. Defendant Warren was not served. No answer was filed. Judgment was rendered by Judge E. H. Cranmer, presiding, at October Term, 1934, of Durham Superior Court.

However, as the result of an inadvertence, in the…