Southern Chemical Co. v. Bass
Supreme Court of North Carolina
MotioN by defendants to set aside judgment, beard by Slvaw, J., at January Term, 1918, of Fokstth. Tbe court found the facts and rendered judgment as follows: “1. That the defendants were personally served with process by the sheriff of Surry County and that they were represented in the litigation by Watson, Buxton & Watson as counsel, who filed answer in their behalf to the complaint of the plaintiff.
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MotioN by defendants to set aside judgment, beard by Slvaw, J., at January Term, 1918, of Fokstth. Tbe court found the facts and rendered judgment as follows: “1. That the defendants were personally served with process by the sheriff of Surry County and that they were represented in the litigation by Watson, Buxton & Watson as counsel, who filed answer in their behalf to the complaint of the plaintiff. “2. That when the case was called for trial in the Superior Court of Forsyth County, C. B. Watson, of counsel for the defendants, in the presence of the defendant J. C. Bass stated in open…
1Opinion of the CourtBeowN, J.
It follows as a matter of course that the judgment cannot be set aside as to defendant Bass, as he was present in court and personally consented to it.
We are also of opinion that the court properly refused to set it aside as to Adams.
1. Adams and Bass were copartners and had employed most reputable counsel to conduct their defense. The copartner Bass was entrusted by the firm with the management of the action. The complaint alleged a cause of action in contract, a simple indebtedness, and another cause of action in tort, embezzlement and willful misappropriation of plaintiff’s property by the…
2Cases cited2 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Hairston v. . GarwoodSupreme Court of North Carolina · 1898
3Cited by19 opinions
- Keen v. ParkerSupreme Court of North Carolina · 1940
- Keen v. . ParkerSupreme Court of North Carolina · 1940
- King v. . KingSupreme Court of North Carolina · 1945
- Howard v. BoyceSupreme Court of North Carolina · 1961
- Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
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