Pepper v. Clegg.
Supreme Court of North Carolina
Action by C. Gr. Pepper against W. G. Clegg, beard by Judge Thomas A. McNeill, at August Term, 1902, of the Superior Court of Orange County. From a judgment setting aside a judgment for the plaintiff, be appealed.
1Opinion of the CourtClark, C. J.
This is a motion to set aside a judgment for excusable neglect. The findings of fact by the judge are .conclusive if there is any evidence, except only when there is an omission to find material facts. If upon the facts found the judge correctly adjudges there is excusable neglect, whether be shall set aside the judgment or not lies in bis irreviewable discretion, except where there is gross abuse of discretion, but by the terms of the statute (The Code, Sec. 274) the discretion to set aside the judgment is not given, unless there has been excusable neglect. See Norton v. McLaurin, 125 N. C.,…
2Cases cited10 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- McLean v. . McLeanSupreme Court of North Carolina · 1881
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3Cited by51 opinions
- State v. PhillipSupreme Court of North Carolina · 1964
- Moore v. DealSupreme Court of North Carolina · 1954
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Kirby v. ASHEVILLE CONTRACTING COMPANYCourt of Appeals of North Carolina · 1971
- Johnson v. . SidburySupreme Court of North Carolina · 1945
46 more not listed; retrieve them via the Exa API.