Albertson v. . Terry
Supreme Court of North Carolina
MotioN to vacate judgment rendered in Pasquotank Superior Court, heard before Connor, J., on Pall Circuit, 1890. The defendants moved to set aside a judgment obtained against them by the plaintiffs, upon the ground of surprise and excusable neglect. The following are the facts found by the Court below,' and its order thereupon : The Fall Term, 1890, of Pasquotank Court began on Monday, September 15th.
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MotioN to vacate judgment rendered in Pasquotank Superior Court, heard before Connor, J., on Pall Circuit, 1890. The defendants moved to set aside a judgment obtained against them by the plaintiffs, upon the ground of surprise and excusable neglect. The following are the facts found by the Court below,' and its order thereupon : The Fall Term, 1890, of Pasquotank Court began on Monday, September 15th. On Monday of the said term, the defendant Harvey Terry, being an attorney of said Court, for himself and his co-defendant, requested the Court to make an order directing the plaintiffs to file a…
1Opinion of the CourtMerkimon, C. J.
after stating the case: It is not the province of this Court in this and like cases to review the findings of fact by the Court below. It can only decide upon appeal that the facts found do or do not constitute “mistake, inadvertence, surprise or excusable neglectit cannot go beyond that and decide that the Court ought or ought not to allow or disallow a motion founded upon such cause to set aside a judgment, order or other proceeding, as allowed by the statute (The Code, § 274). This statute vests the discretion to set aside a judgment for such cause in the Judge before whom the motion is…
2Cases cited1 opinion
- Branch v. . WalkerSupreme Court of North Carolina · 1885
3Cited by30 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Gardiner v. MaySupreme Court of North Carolina · 1916
- In Re Will of RossSupreme Court of North Carolina · 1921
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Moore v. DealSupreme Court of North Carolina · 1954
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