Francks v. . Sutton
Supreme Court of North Carolina
Motion of defendant to set aside a j udgment on the ground of excusable negligence, heard at Spring Term, 1881, of Jones Superior Court, before Graves, J. The motion was allowed and the plaintiff appealed.
1Opinion of the CourtSmith, C. J.
The facts found by the court clearly bring the present application within the provisions of section 133 of the Code, as it has been heretofore construed, and authorize the exercise of the discretion conferred in setting aside the judgment. The defendant who had been amerced nisi for an alleged failure to make due return of an execution issued to him, as sheriff of Bladen, at the plaintiff’s instance from the superior court of Jones, had filed his answer to the plaintiff’s complaint; had from the beginning of the action employed counsel for his defence; had with his counsel attended at a…
2Cases cited1 opinion
- Thompson v. . BerrySupreme Court of North Carolina · 1870
3Cited by6 opinions
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Gaylord v. . BerrySupreme Court of North Carolina · 1915
- Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916
- Schiele v. North State Fire InsuranceSupreme Court of North Carolina · 1916
- Pickens v. FoxSupreme Court of North Carolina · 1884
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