Legal Opinion

Gunter v. . Dowdy

Supreme Court of North Carolina

Decided October 11, 1944PublishedCited by 5 opinions

1Opinion of the CourtScheNCk, J.

Tbe question posed by tbis appeal is: Was tbe clerk authorized to vacate bis former judgment by default adjudging tbe plaintiff to be tbe owner of tbe land described in tbe complaint, and was tbe judge presiding authorized, on appeal from tbe clerk, to vacate said judgment by default? We are of tbe opinion, and so bold, that both tbe clerk and tbe judge presiding were so authorized.

Tbe answer to tbe question posed lies in G. S., 1-220 (formerly C. S., 600), which reads: “The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a…

2Cases cited9 opinions

  1. Norton v. . McLaurinSupreme Court of North Carolina · 1899
  2. Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
  3. English v. . EnglishSupreme Court of North Carolina · 1882
  4. Stith v. . JonesSupreme Court of North Carolina · 1896
  5. Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Moore v. DealSupreme Court of North Carolina · 1954
  2. Hodge v. FIRST ATLANTIC CORPORATIONCourt of Appeals of North Carolina · 1969
  3. Brown v. HaleSupreme Court of North Carolina · 1963
  4. Gaster v. GoodwinSupreme Court of North Carolina · 1963
  5. Williams Lumber Co. v. TaylorCourt of Appeals of North Carolina · 1970

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