Depriest v. . Patterson
Supreme Court of North Carolina
Motion by defendant to set aside a judgment heard at Pall Term, 1881, of Iredem, Superior Court, before Seymour, J. The defendant applies to tbe court to be relieved from a judgment rendered for his failure to answer the plaintiff’s complaint, of which motion be bad given notice, and therein assigned as the reasons therefor that he did hot have legal notice of the-action, and furthermore was sick and unable to be from home during the months of November and December, 1879-,…
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Motion by defendant to set aside a judgment heard at Pall Term, 1881, of Iredem, Superior Court, before Seymour, J. The defendant applies to tbe court to be relieved from a judgment rendered for his failure to answer the plaintiff’s complaint, of which motion be bad given notice, and therein assigned as the reasons therefor that he did hot have legal notice of the-action, and furthermore was sick and unable to be from home during the months of November and December, 1879-, early in .the latter of which was- held the term of court at which the judgment was rendered against him. Besides the…
1Opinion of the CourtSmith, C. J.
It will be noticed that while the judge accepts the version of the conversation between the defendant and the officer as given by the latter, and finds that no in-. formation was promised unless it should turn out there was a mistake as to the person against whom the process was intended to issue, he. does not find whether the defendant did not labor under a misapprehension of the officer’s assurance, and his failure to defend the action was a consequence of this misunderstanding. His Honor refused to set aside the judgment, at the same time declaring that, if the defendant’s recollection of…
2Cases cited4 opinions
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Waddell v. . WoodSupreme Court of North Carolina · 1870
- White v. . SnowSupreme Court of North Carolina · 1874
3Cited by4 opinions
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
- Ellington, Royster & Co. v. WickerSupreme Court of North Carolina · 1882
- Rierson v. . YorkSupreme Court of North Carolina · 1947
- Ellington v. . WickerSupreme Court of North Carolina · 1882