Sutton v. . McMillan
Supreme Court of North Carolina
This was a Motion by the defendant, upon affidavit, to set aside a judgment obtained by the plaintiff, heard by Russell, J., at Chambers, in Bladen county, on the 27th day of April, 1874. The following are substantially the agreed facts, signed by counsel and transmitted to this Court as a “statement of the case.” 1. The judgment was rendered at Spring Term, 1874, of Bladen Superior Court, for the sum of $359.11. A part of this judgment was rendered upon a note under seal,…
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This was a Motion by the defendant, upon affidavit, to set aside a judgment obtained by the plaintiff, heard by Russell, J., at Chambers, in Bladen county, on the 27th day of April, 1874. The following are substantially the agreed facts, signed by counsel and transmitted to this Court as a “statement of the case.” 1. The judgment was rendered at Spring Term, 1874, of Bladen Superior Court, for the sum of $359.11. A part of this judgment was rendered upon a note under seal, given by the defendant to the plaintiff, for the sum of $124.76, with interest from the 8th day of December, 1871, on…
1Opinion of the CourtSettle, J.
A judgment having been rendered at the regular Spring Term, 1874, of Bladen Superior Court, in favor of the plaintiff, the defendant moved for and obtained an order from his Honor, at chambers, to set aside the judgment.
Whatever merits the defendant’s affidavit, upon which he based his motion, may disclose, either as to the absence of his counsel or otherwise, yet no notice of said motion was ever given to the plaintiff, and he did not know that such an order had been made, until some time thereafter, when he craved an appeal to this Court.
We have held in such cases that notice is necessary,…
2Cases cited1 opinion
- John F. Seymour & Co. v. CohenSupreme Court of North Carolina · 1872
3Cited by3 opinions
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1890
- Andreen v. AndreenCalifornia Court of Appeal · 1911