Reynolds v. Greensboro Boiler & MacHine Co.
Supreme Court of North Carolina
Appeal from Lyon, Jat tbe August Term, 1910, of Guil-eoed. Motion to set aside judgment by default rendered in tbe cause at June Special Term, 1909, of tbe Superior Court. It is admitted tbat tbe motion was entered and notice given within twelve months from the rendition of the judgment, and that it was continued from term to term. The judge below granted the motion and set aside the judgment. Plaintiff appealed.
1Opinion of the CourtBkowN, J.
The facts are that this action was duly commenced and summons served 4 January, 1909, and a duly verified complaint filed 3 February, 1909. Five or six terms of court intervened between the filing of the complaint and the rendition of the judgment at June Special Term, 1909, without the filing of an answer. At these terms a general order for “time to file pleadings was made.”
Such an order was made at close of June Special Term, 1909, but before it was made plaintiff moved for judgment by default for want of an answer.
The excusable neglect, as stated in the findings consists in the fact that…
2Cases cited1 opinion
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925
- Patrick v. . DunnSupreme Court of North Carolina · 1913
- Coleman v. . McCulloughSupreme Court of North Carolina · 1925
- Patrick v. . DunnSupreme Court of North Carolina · 1913