Boyden v. . Williams
Supreme Court of North Carolina
MotioN to set aside a judgment under C. C. P., § 138, heard at Chambers in Charlotte, on the 12th of October, 1878, before Schenck, J. The opinion contains the facts. His Honor refused the motion and the defendant appealed.
1Opinion of the CourtSmith, C. J.
This is a motion made and refused to set' aside a judgment rendered at spring term, 1878, of Cabarrus superior court under C. C. P., § 138. *
No statement of facts accompanies the record, and unless the matter 4et out in the defendant’s affidavit and on which his application rests, taken as true, discloses a case entitling him to relief, we should be compelled to remand the cause in order that the facts deducible from the evidence might be determined, the law arising on which is alone subject to review in this court. Our attention will therefore be directed to the defendant’s own statement of…
2Cited by3 opinions
- Cummings v. . SwepsonSupreme Court of North Carolina · 1899
- Twitty v. . LoganSupreme Court of North Carolina · 1882
- Earle v. . EarleSupreme Court of North Carolina · 1930