Monroe v. . Whitted
Supreme Court of North Carolina
Motion, to set aside a Judgment, heard at Spring Term, 1878, of Bladen Superior Court, before Eure, J. The case states: The plaintiff had served a notice on the defendant to make him a party to a certain judgment for $600 obtained at Spring Term, 1874, in favor of plaintiff’s-intestate. The defendant answered the notice alleging that the judgment was irregular and asked that it be set aside.
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Motion, to set aside a Judgment, heard at Spring Term, 1878, of Bladen Superior Court, before Eure, J. The case states: The plaintiff had served a notice on the defendant to make him a party to a certain judgment for $600 obtained at Spring Term, 1874, in favor of plaintiff’s-intestate. The defendant answered the notice alleging that the judgment was irregular and asked that it be set aside. The summons in the-original action was not signed by the clerk or any other person, and it was endorsed “service accepted.” No complaint, answer, bond, account, or other evidence of debt is among the…
1Opinion of the CourtBynum, J.
Admit that the defendant was in Court, because he confessed service of an irregular summons. He was summoned to answer the complaint of the plaintiff with a notice that if he failed to answer, the plaintiff would ■apply at the appearance term for the relief demanded in the complaint; Ve are satisfied that no complaint was ever filed. As the summons stated no cause of action and no complaint was filed, there was nothing before the Court or -on the record, upon which the Court could grant a judgment .against the defendant for $600. It was a judgment without .allegation, pleadings, or proof.…
2Cases cited1 opinion
- Cowles, Adm'r v. . Hayes and AnotherSupreme Court of North Carolina · 1873
3Cited by2 opinions
- Vick v. . PopeSupreme Court of North Carolina · 1879
- Lee v. . McCrackenSupreme Court of North Carolina · 1916