Winborne v. . Johnson
Supreme Court of North Carolina
This was a MOTION to set aside a judgment, heard at February Term, 1885, of the Superior Court of Beaufort county, before Gudger, -Judge. Among other statements of facts sent up by the Judge below, are the following : “The defendant W.J. Johnson, is a man of limited education.
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This was a MOTION to set aside a judgment, heard at February Term, 1885, of the Superior Court of Beaufort county, before Gudger, -Judge. Among other statements of facts sent up by the Judge below, are the following : “The defendant W.J. Johnson, is a man of limited education. He alleges, by affidavit, that when the summons was served on him, ‘he understood he was to attend at Washington, D. C., and was much annoyed and greatly confused, as well as astonished, on that account/ The deputy who served the summons, states in his affidavit, that he explained he was to attend this court, and told…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). The statute, (The Code, §274), among other things provides, that the Judge “may also in his discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.”
What is such “ mistake, inadvertence, surprise or excusable neglect,” is a question of law arising upon the state of facts found in each particular case. If the Court below errs in deciding this question, its decision in this respect may…
2Cases cited2 opinions
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Beck v. . BellamySupreme Court of North Carolina · 1885
3Cited by12 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Moore v. DealSupreme Court of North Carolina · 1954
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
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