Crumpler v. . Hines
Supreme Court of North Carolina
Appeal from tbe refusal of Lyon, J., to set aside a judgment, beard at May Term, 1917, of SampsoN. Tbis is a motion to set aside a judgment by default, on tbe ground of excusable neglect. Tbe action was commenced 23 January, 1912. Tbe complaint was filed at February Term, 1914, and tbe judgment, wbicb tbe defendant asks to have sot aside, was rendered by default for tbe want of an answer, at August Term, 1916,' and tbis motion was made witbin one year thereafter.
Read the full summary
Appeal from tbe refusal of Lyon, J., to set aside a judgment, beard at May Term, 1917, of SampsoN. Tbis is a motion to set aside a judgment by default, on tbe ground of excusable neglect. Tbe action was commenced 23 January, 1912. Tbe complaint was filed at February Term, 1914, and tbe judgment, wbicb tbe defendant asks to have sot aside, was rendered by default for tbe want of an answer, at August Term, 1916,' and tbis motion was made witbin one year thereafter. Tbe complaint alleges tbat on 4 October, 1909, Jobn E. Fowler bought a tract of land at public sale, at tbe price of $385; tbat tbe…
1Opinion of the CourtAllen, J.
One who asks to be relieved from a judgment on tbe ground of excusable neglect must show merit, as otherwise tbe court would be asked to do tbe vain thing of setting aside a judgment when it would be its duty to enter again tbe same judgment on motion of tbe adverse party. If be is a plaintiff, be must allege facts constituting a cause of action, and if a defendant, facts wbicb will be a defense.
It is not required that these facts be established conclusively on the hearing of the motion, but they must be alleged in good faith, and must, if true, in the one case show a cause of action, and in…
2Cases cited7 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
- English v. . EnglishSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Canestrino v. PowellSupreme Court of North Carolina · 1949
- Rector v. . LydaSupreme Court of North Carolina · 1920
- Dixon v. . HorneSupreme Court of North Carolina · 1920
- Dunn v. . JonesSupreme Court of North Carolina · 1928
- Cayton v. . ClarkSupreme Court of North Carolina · 1937
5 more not listed; retrieve them via the Exa API.