Weil v. . Woodard
Supreme Court of North Carolina
Vacating Judgments — “Excusable Neglect” — Jurisdiction. This was a MOTION to set aside a judgment, heard before Armfield, J, at February Term 1889 of Wilson Superior Court. This action was brought to foreclose a mortgage of real estate, and a decree of foreclosure thereof, directing a sale of the land to pay the mortgage debt, and appointing commissioners to make such sale, execute deeds to the purchasers, &c., &c., was passed at the Fall Term of 1885 of the Superior Court.
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Vacating Judgments — “Excusable Neglect” — Jurisdiction. This was a MOTION to set aside a judgment, heard before Armfield, J, at February Term 1889 of Wilson Superior Court. This action was brought to foreclose a mortgage of real estate, and a decree of foreclosure thereof, directing a sale of the land to pay the mortgage debt, and appointing commissioners to make such sale, execute deeds to the purchasers, &c., &c., was passed at the Fall Term of 1885 of the Superior Court. The commissioners accordingly, after-wards made such sale, at which the appellees, each respectively, purchased certain…
1Opinion of the CourtMerrimon, J.
(after stating the case). It is the exclusive province of the Judge of the Superior Court to find the facts of the matter in applications to “ relieve a party from a judgment, order or other proceeding taken against him, through his mistake, inadvertence, surprise or excusable neglect,” as allowed by the statute ( The Code, § 274), and such findings of the facts are not reviewable by this Court.. And if the facts so found in any such case, in a,ny reasonable view of them, constitute such “ mistake, inadvertence, surprise or excusable neglect,” and if the Judge grants the motion, in the…
2Cases cited3 opinions
- Branch v. . WalkerSupreme Court of North Carolina · 1885
- Beck v. . BellamySupreme Court of North Carolina · 1885
- Winborne v. . JohnsonSupreme Court of North Carolina · 1886
3Cited by12 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Farmers & Merchants Bank v. DukeSupreme Court of North Carolina · 1924
- Osborn v. . LeachSupreme Court of North Carolina · 1903
- Vick v. . BakerSupreme Court of North Carolina · 1898
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
7 more not listed; retrieve them via the Exa API.