Godwin v. . Monds
Supreme Court of North Carolina
This is a MOTION to vacate a judgment rendered in an •action pending in Cumberland Superior Court, hea'd before Shepherd, J., in Chambers at Wadesboro, in the county of Anson, on October 4th, 1888. In this action the plaintiffs obtained a judgment for the want of an answer; the defendants moved, upon affidavits, before a Judge at Chambers to set that judgment aside, &c., because of their “ mistake, inadvertence, surprise, or excusable negligence.”
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This is a MOTION to vacate a judgment rendered in an •action pending in Cumberland Superior Court, hea'd before Shepherd, J., in Chambers at Wadesboro, in the county of Anson, on October 4th, 1888. In this action the plaintiffs obtained a judgment for the want of an answer; the defendants moved, upon affidavits, before a Judge at Chambers to set that judgment aside, &c., because of their “ mistake, inadvertence, surprise, or excusable negligence.” Thereupon the Judge made an order— “That the Clerk of the Superior.Court of Cumberland County issue notice to. the plaintiffs to show cause at…
1Opinion of the CourtMerrimon, J.
There is no statutory provision that confers upon a Judge authority to hear and determine upon its merits a motion to set aside-a,judgment in an action pend-., ing in the Superior Court elsewhere than in the County in whose Court the action is pending, and this cannot be done in the ordinary course of procedure. McNeill v. Hodges, 99 N. C., 248.
The parties to the action might, by common consent, allow it to be done; but such consent should certainly appear in a writing signed by the parties or their counsel, or the Judge should recite the fact of consent in the order or judgment he directs…
2Cases cited3 opinions
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- McNeill v. . HodgesSupreme Court of North Carolina · 1888
- Gatewood v. . LeakSupreme Court of North Carolina · 1888
3Cited by23 opinions
- Henry v. . HilliardSupreme Court of North Carolina · 1897
- Bisanar v. . SuttlemyreSupreme Court of North Carolina · 1927
- Cahoon v. BrinkleySupreme Court of North Carolina · 1918
- Ledbetter v. . PinnerSupreme Court of North Carolina · 1897
- Rose v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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