Branch v. . Walker
Supreme Court of North Carolina
This was a motion to set aside a judgment, heard before Averyt Judge, at January Special Term, 1884, of Bertie Superior Court. Notice of the motion to set aside the judgment was served on one of the plaintiff's attorneys on October 19, 1882, and the Fall Term of Bertie Superior Court began on October 29,1882. The defendants employed an attorney, whose name was entered on the appearance docket, bnt no answer was filed.
Read the full summary
This was a motion to set aside a judgment, heard before Averyt Judge, at January Special Term, 1884, of Bertie Superior Court. Notice of the motion to set aside the judgment was served on one of the plaintiff's attorneys on October 19, 1882, and the Fall Term of Bertie Superior Court began on October 29,1882. The defendants employed an attorney, whose name was entered on the appearance docket, bnt no answer was filed. On Thursday of the last week of the term, His Honor, Judge McKoy, made the following order: “ Ordered, that in all cases that appear on the summons docket, when complaint or…
1Opinion of the CourtMbKUIMON, J.
The Court held properly that the notice of the motion to set aside the judgment was sufficient.
It was served on the attorney of the plaintiffs on the 19th day of October, 1882, and nine days next before the term of the court began, at which the motion was made. At that time, the statute (C. C. P., 346) required only eight days’ notice of such motions, and it applied to this case. The motion as to time was, therefore, sufficient. The law as to time of notice has been changed — The Code, §595, prescribes that ten days’ notice of such motions shall be given, unless the judge, in an order to show…
2Cases cited1 opinion
- Rogers v. . McKenzieSupreme Court of North Carolina · 1879
3Cited by34 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Page v. . BranchSupreme Court of North Carolina · 1887
- Albertson v. . TerrySupreme Court of North Carolina · 1891
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Sturgiss v. DartWashington Supreme Court · 1900
29 more not listed; retrieve them via the Exa API.