McLean v. . McLean
Supreme Court of North Carolina
Motion under section 133 of the Code to set aside a judgment, rendered in the above entitled action, heard at Spring Term, 1880, of Robeson Superior Court, before Eure, J. The following are the facts found by Iiis Honor: At fall term, 1876, of the superior corn! of said county the plaintiff obtained a judgment against the defendant in manner and form following : “ It appearing by complaint of plaintiff in the above entitled cause that the defendant is justly due and indebted…
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Motion under section 133 of the Code to set aside a judgment, rendered in the above entitled action, heard at Spring Term, 1880, of Robeson Superior Court, before Eure, J. The following are the facts found by Iiis Honor: At fall term, 1876, of the superior corn! of said county the plaintiff obtained a judgment against the defendant in manner and form following : “ It appearing by complaint of plaintiff in the above entitled cause that the defendant is justly due and indebted to the plaintiff in the sum of four hundred and fifty-five dollars and sixty-one cents and the defendant having failed…
1Opinion of the CourtAshe, J.
This was a motion to set aside a judgment by default under section 133 of the Code, upon the ground of surprise or excusable neglect. The decisions of this court are not uniform and altogether reconcilable on the construction of this section of the code. In Griel v. Vernon, 65 N. C., 76, where the motion was made after the year from the rendition of the judgment, but within twelve months before the motion to set aside the judgment, the court held that a judgment by default against a party who had employed an attorney to enter his pleas, and such attorney had neglected to do so, is a surprise…
2Cases cited9 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Molyneux v. HueySupreme Court of North Carolina · 1879
- Burke v. . StokelySupreme Court of North Carolina · 1871
- McDaniel v. . WatkinsSupreme Court of North Carolina · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Gray v. LawlorCalifornia Supreme Court · 1907
- Whitson v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
- Foster v. Allison Corp.Supreme Court of North Carolina · 1926
13 more not listed; retrieve them via the Exa API.