Norwood v. . King
Supreme Court of North Carolina
Motion to set aside a judgment under section 183 of the Code of Civil Procedure, heard -at Fall Term, 1880, of Northampton Superior Court, before Graves, J. The following are the facts found by the court; 1. T.hat a summons was issued and served on the defendant returnable to fall term, 1874. 2. That as soon as the summons was served on defendant, he went to John W. Pugh, his grantor of the land sued for, and asked what he should do, and Pugh told him to make himself easy,…
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Motion to set aside a judgment under section 183 of the Code of Civil Procedure, heard -at Fall Term, 1880, of Northampton Superior Court, before Graves, J. The following are the facts found by the court; 1. T.hat a summons was issued and served on the defendant returnable to fall term, 1874. 2. That as soon as the summons was served on defendant, he went to John W. Pugh, his grantor of the land sued for, and asked what he should do, and Pugh told him to make himself easy, that he had already employed James Vinson, an attorney at law, resident at the court-house of said county, to defend the…
1Opinion of the CourtAshe, J.
Conceding the notice of the motion to have been legally made, that it was made within a year after the rendition of the judgment, and that the defendant pursued the proper remedy, we are of the opinion the facts found are not sufficient to entitle him to the relief sought by his motion, and that there was no error in the ruling of the court below.
The judgment sought to be set aside was rendered by default at May term, 1875, six months after the return term of the summons. The affiant had hot employed a lawyer, but relied upon the assurances of his grantor, (Pugh), that he had employed a…
2Cases cited1 opinion
- McLean v. . McLeanSupreme Court of North Carolina · 1881
3Cited by5 opinions
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- Pate Ex Rel. Wright v. R. L. Pittman Hospital, Inc.Supreme Court of North Carolina · 1951
- Stallings v. . SpruillSupreme Court of North Carolina · 1918