Kivett v. . Wynne
Supreme Court of North Carolina
MotioN to set aside a judgment upon the ground of excusable neglect, under section 133 of the Code, heard at Fall Term, 1882, of HauNETT Superior Court, before Shipp, J. The following facts were found by the court: A summons in the ease was issued on the 26th of December, 1879, returnable on the third Monday in February, 1880, and served on defendants on the 15th of January, 1880, at which time the defendants applied to Thos.
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MotioN to set aside a judgment upon the ground of excusable neglect, under section 133 of the Code, heard at Fall Term, 1882, of HauNETT Superior Court, before Shipp, J. The following facts were found by the court: A summons in the ease was issued on the 26th of December, 1879, returnable on the third Monday in February, 1880, and served on defendants on the 15th of January, 1880, at which time the defendants applied to Thos. C. Fuller, a gentleman of the bar, living in the city of Raleigh, where the defendants also lived, and desired to employ him to act as their attorney. They were then…
1Opinion of the CourtAshe, J.
Notwithstanding the 133d section of the Code, upon which the defendants’ motion is based, provides that the judge may in his discretion relieve a party from a judgment, order, or other proceeding, on account of mistake, &c., and matters of discretion are not reviewable, there have been some seventy-five or eighty appeals from judgments founded upon the provisions of this section, and “still they come.” Among such a number of appeals, a great many are found lying so closely along the line of- distinction between a clear and undisputed exercise of discretion and the abuse of discretion, or the…
2Cases cited3 opinions
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Deal v. . PalmerSupreme Court of North Carolina · 1873
- Thomas v. . WomackSupreme Court of North Carolina · 1870
3Cited by4 opinions
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1918
- Gaster v. GoodwinSupreme Court of North Carolina · 1963
- Simpson v. . BrownSupreme Court of North Carolina · 1895