Legal Opinion

Norton v. . McLaurin

Supreme Court of North Carolina

Decided November 14, 1899PublishedCited by 58 opinions

Civil Actios beard before Robinson, J., at May Term, 1899, of EiohmoNd Superior Court, upon a motion by defendants to set aside a judgment rendered at April Term, 1899, for excusable neglect, under sec. 274 of Tbe Code. Motion beard upon affidavits and counter-affidavits.

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Civil Actios beard before Robinson, J., at May Term, 1899, of EiohmoNd Superior Court, upon a motion by defendants to set aside a judgment rendered at April Term, 1899, for excusable neglect, under sec. 274 of Tbe Code. Motion beard upon affidavits and counter-affidavits. His Honor found the following facts, and rendered tbe following judgment: This cause coming on to be beard upon motion of defendant to set aside tbe judgment rendered at April Term, 1899, on account of the excusable neglect of defendants, the Court finds the following facts, viz.: That summons in said action was issued…

1Opinion of the CourtClare, J.

This is a motion to set aside a judgment for excusable neglect under The Code, sec. 274. The findings of fact by the judge are final ( Weil v. Woodard, 104 N. C., 94; Albertson v. Terry, 108 N. C., 75; Sykes v. Weatherly, 110 N. C., 231), unless upon an exception that there was no evidence as to some fact found by him, (Marion v. Tilley, 119 N. C., 473) or failure to find material facts, Smith v. Hahn, 80 N. C., 241. TJpon the facts found the Judge finds as á conclusion of law whether there has or has not been excusable neglect, and from such conclusion either side may appeal. Winborne v.…

2Cases cited16 opinions

  1. Roberts v. . AllmanSupreme Court of North Carolina · 1890
  2. Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
  3. Albertson v. . TerrySupreme Court of North Carolina · 1891
  4. Sluder v. . RollinsSupreme Court of North Carolina · 1877
  5. Stith v. . JonesSupreme Court of North Carolina · 1896

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3Cited by58 opinions

  1. Pepper v. Clegg.Supreme Court of North Carolina · 1903
  2. Moore v. DealSupreme Court of North Carolina · 1954
  3. Norton v. SawyerCourt of Appeals of North Carolina · 1976
  4. Dunn v. . WilsonSupreme Court of North Carolina · 1936
  5. Holcomb v. . HolcombSupreme Court of North Carolina · 1926

53 more not listed; retrieve them via the Exa API.

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