Adams v. . Joyner
Supreme Court of North Carolina
Civil actioN, beard by Guión, at chambers, in New BerN, 4 January, 1908. This is a motion by Mrs. N. M. Ilostetter, one of the defendants, to set aside and vacate the judgment herein, rendered by the Clerk of the Superior Court of Craven County.
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Civil actioN, beard by Guión, at chambers, in New BerN, 4 January, 1908. This is a motion by Mrs. N. M. Ilostetter, one of the defendants, to set aside and vacate the judgment herein, rendered by the Clerk of the Superior Court of Craven County. The record discloses the following case: On 6 February, 1906, plaintiffs, E. E. Adams and others, began a special proceeding before the Clerk of the Superior Court of Craven County against defendants, W. T. Joyner and others, for the purpose of having certain lands drained, the mode thereof ascertained, and the cost apportioned between the owners of…
1Opinion of the Court
CowNOR, J.,
after stating the case: The first cause assigned by defendant for setting aside the judgment rests upon the fact that, during the year 1891, a proceeding similar to the one before ns was brought and prosecuted to judgment, between several of the parties to this proceeding, for the drainage of the same or a part of the same lands included in the present petition. A record of said proceeding is set forth and made a part of her petition or motion. If this proceeding and judgment of 1891 covered and provided for the drainage of the lands now sought to be drained — in other words, if…
2Cited by14 opinions
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- Shelton v. WhiteSupreme Court of North Carolina · 1913
- Sanderlin v. . LukenSupreme Court of North Carolina · 1910
- Stern v. . BenbowSupreme Court of North Carolina · 1909
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