Hardy v. Hardy.
Supreme Court of North Carolina
ActioN by R. II. Hardy and W. I). Mewborn against W. A. Hardy, heard by Judge O. II. Allen, at December (Special) Term, 1900, of LeNOib County Superior Court. Erom an order setting aside a judgment for plaintiffs, they appealed.
1DissentMontgomery, J.
The defendant made a motion to set aside a verdict and judgment at the same term at which they were entered. He does not aver that there was excusable negligence, and the facts alleged, even if they had been found to be true, did not constitute excusable negligence. They were evidently urged solely as an appeal to the discretion of the Judge to set aside a verdict at the same term. If the setting aside the judgment had rested upon the ground of excusable neglect, there would have been error. But that ground nowhere appears in the motion, nor is it intimated anywhere in the record, and was…
2Cases cited2 opinions
- Allison v. . WhittierSupreme Court of North Carolina · 1888
- Quincey v. . PerkinsSupreme Court of North Carolina · 1877
3Cited by1 opinion
- Turner v. Davis.Supreme Court of North Carolina · 1903