Morehead Banking Co. v. Duke
Supreme Court of North Carolina
MotioN to correct a judgment beard before Allen, J., at January Term, 1897, of Durham Superior Court. The motion was allowed and plaintiff and L. L. Morehead, Executrix, (defendant) appealed.
1Opinion of the Court
Faircloth, C. J.:
Facts: On March 16th, 1893, L. L. Morehead, B. L. Duke and L. Green executed their promissory noteffo the plaintiff. At October term, 1893, on action brought on verified complaint, a final judgment was entered against Duke and Green, no process having been made on Green, nor answer filed by Duke. By consent said judgment was canceled and case continued, and in December, 1893, personal service on Green was made. At June term, 1894, a final judgment by default was entered against Duke and Green, neither one having filed an answer, and no amendment made to the complaint. The…
2Cases cited3 opinions
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Wolfe v. DavisSupreme Court of North Carolina · 1876
- Walton v. . WaltonSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1898
- Strickland v. Strickland.Supreme Court of North Carolina · 1901
- Bank of Commerce & Trusts v. McArthurDistrict Court, E.D. North Carolina · 1919
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