Churchill v. Brooklyn Life Insurance
Supreme Court of North Carolina
MotioN to set aside a judgment heard at Pall Term, 1882, of GreeNE Superior Court, before MacRae, J. An action was brought by the plaintiff against the defendant company, a corporation duly organized under the laws of the state of New York, and the summons, returnable to fall term, 1882, was regularly served on June 28, 1882, upon W. W. Smith, the company’s general agent in this state, and the person upon whom service of process may be made under the act of 1877, ch. 157, §…
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MotioN to set aside a judgment heard at Pall Term, 1882, of GreeNE Superior Court, before MacRae, J. An action was brought by the plaintiff against the defendant company, a corporation duly organized under the laws of the state of New York, and the summons, returnable to fall term, 1882, was regularly served on June 28, 1882, upon W. W. Smith, the company’s general agent in this state, and the person upon whom service of process may be made under the act of 1877, ch. 157, § 3. At fall term, on the first Monday in October, 1882, the plaintiff filed his complaint, in which he alleged that on…
1Opinion of the Court
Ashe, J.,
after stating the case. This the court had the power to do. Dick v. McLaurin, 63 N. C., 185; Dick v. Dickson, Ib., 488.
But then the question is raised whether the court erred in refusing to set aside the judgment altogether, upon the ground of excusable negligence.
A party seeking to vacate a judgment under section 133 of che Code, is always at default, and thé onus is upon him to show facts which would make the refusal to vacate appear to be an abuse of discretion. Kerchner v. Baker, 82 N. C., 169. Here, the summons was served upon the defendant’s agent on the 28th of June, 1882, and…
2Cases cited7 opinions
- Sluder v. . RollinsSupreme Court of North Carolina · 1877
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- English v. . EnglishSupreme Court of North Carolina · 1882
- Waddell v. . WoodSupreme Court of North Carolina · 1870
- Kerchner v. . BakerSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. . SidburySupreme Court of North Carolina · 1945
- Morris v. Liverpool, London & Globe InsuranceSupreme Court of North Carolina · 1902
- Churchill v. . Brooklyn Life Insurance Co.Supreme Court of North Carolina · 1885
- Marsh v. . GriffinSupreme Court of North Carolina · 1898
- Lerch Bros. v. McKinne Bros.Supreme Court of North Carolina · 1924
3 more not listed; retrieve them via the Exa API.