McDaniel v. . Watkins
Supreme Court of North Carolina
Praetice — Vacation of Judgment. MotioN to set aside a Judgment, heard on the 26th of September, 1876, at Chambersjin Asheville, before Henry, J The plaintiff recovered!judgment against the defendant and others in a Justice’s Court on the 11th of July, 1874, for $137.60, and on the 22nd of said month the defendant gave written notice ©f appeal.
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Praetice — Vacation of Judgment. MotioN to set aside a Judgment, heard on the 26th of September, 1876, at Chambersjin Asheville, before Henry, J The plaintiff recovered!judgment against the defendant and others in a Justice’s Court on the 11th of July, 1874, for $137.60, and on the 22nd of said month the defendant gave written notice ©f appeal. The case was docketed in the Superior Court of Buncombe and was continued from term to term until Spring Term, 1875, when judgment was rendered against defendant,- he making no defence. ' The defendant had no notice of the existence of said judgment…
1Opinion of the CourtPeaRSON, C. J.
This Court will not overrule the order of a Judge of the Superior Court, setting aside a judgment under C. C. P. § 133, except for error of law apparent from the proceeding. Hudgins v. White, 65 N. C. 393.
We think His Honor erred in respect to “what amounts; to notice of a judgment,” which is a matter of law. Suppose judgment by default be taken at the appearance term, in an action commenced in the Superior Court, the defendant has notice of this judgment at the term to which the-, summons is returnable and cannot be heard to say, when he-asks for relief under section 133, that he did not…
2Cases cited1 opinion
- Hudgins v. . WhiteSupreme Court of North Carolina · 1871
3Cited by13 opinions
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- McLean v. . McLeanSupreme Court of North Carolina · 1881
- Foster v. Allison Corp.Supreme Court of North Carolina · 1926
- Foster v. . Allison CorporationSupreme Court of North Carolina · 1926
- Tedder v. . DeatonSupreme Court of North Carolina · 1914
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