Legal Opinion

Jeffries v. . Aaron

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 16 opinions

MotioN to set aside a judgment rendered by default final on an open account on the failure of defendants to appear and answe1-. The judgment sought to be set aside was as follows: “This case coming on to be heard, it appearing to the court that the summons oil each of the defendants has been served, and there being no answer filed by the defendants, and the complaint has been duly verified, it is therefore ordered, adjudged and decreed by the court: That the plaintiff…

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MotioN to set aside a judgment rendered by default final on an open account on the failure of defendants to appear and answe1-. The judgment sought to be set aside was as follows: “This case coming on to be heard, it appearing to the court that the summons oil each of the defendants has been served, and there being no answer filed by the defendants, and the complaint has been duly verified, it is therefore ordered, adjudged and decreed by the court: That the plaintiff recover of. the defendant the sum of two hundred and thirty-nine dollars and eighty five cents, of which two hundred and…

1Opinion of the Court

Faircloth, 0. J.:

As we understand it, the plaintiffs obtained a judgment “final on an open account,” the defendants having failed to answer the complaint. This was irregular. Code, Secs. 385, 386; Wittv. Long, 93 íí. C., 388. The judgment should have been by “default and inquiry.” At a subsequent time, the defendants made a motion to have the judgment vacated ana set aside on the ground of irregularity in entering a judgment “final.”

The motion is not put upon the ground of mistake, surprise or excusable neglect. The court vacated and set aside the judgment. This was error. The court having…

2Cases cited3 opinions

  1. Jarman v. . SaundersSupreme Court of North Carolina · 1870
  2. English v. . EnglishSupreme Court of North Carolina · 1882
  3. Mauney v. . GidneySupreme Court of North Carolina · 1883

3Cited by16 opinions

  1. Fowler v. FowlerSupreme Court of North Carolina · 1925
  2. Fowler v. . FowlerSupreme Court of North Carolina · 1925
  3. Duffer v. . BrunsonSupreme Court of North Carolina · 1924
  4. McGinnis v. BeattyWyoming Supreme Court · 1922
  5. Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928

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