Vick v. . Baker
Supreme Court of North Carolina
Civil action heard before Boykin, J., at August Terra, 1895, of Northampton Superior Court on motion lodged at December Term, 1893, to set aside a judgment rendered at August Term, 1893, on the ground of excusable neglect. The motion was granted and plaintiff appealed. The facts appear in the opinion.
1Opinion of the Court
Clark, J.:
The summons was served in December, 1888, and a verified complaint filed in March. 1889. At Spring Term, 1892, leave was granted to the defendants to reinstate their answer in 60 days. At August Term, 1893, no answer or demurrer having been filed, judgment by default final was taken for the recovery of the realty, no damages being asked. The defendants moved at December Term, 1893, to set aside this judgment on the ground of excusable neglect, alleging that their counsel drew up the answer and mailed it to them, but, having changed their postoffice, the letter did not reach them…
2Cases cited6 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Stith v. . JonesSupreme Court of North Carolina · 1896
- Weil v. . WoodardSupreme Court of North Carolina · 1889
- Whitson v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
- Jones v. . BestSupreme Court of North Carolina · 1897
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3Cited by17 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Moore v. DealSupreme Court of North Carolina · 1954
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- Osborn v. . LeachSupreme Court of North Carolina · 1903
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