3 N.C. 373
Superior Court of North Carolina
Decided November 15, 1805
Superior Court of North Carolina · decided 1805-11-15
¡fljA.5TGN presented the affidavit of defendant, stating, fust 'twJ soon after he was served with the writ, he wrote to LIr. Jones, an attorney of this court, to plead for him ; and nse-ed under a belief that he had done so, until the present trrn ; when looking upon the docket, be found a default entered : that he then went out of the court to employ Mr. Jocelyn; a-.dbe-fore he returned, a jury had been sworn, and the damages assessed.
Cited by 1 later decisions — most recently July 1800
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1805-11-15
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¶1It is agreeable to the practice to sot aside the verdict, where the merits have not been tried, and that owing to mistake, provided it appears that the applicant probably has She merits on his side. x
¶2Let the verdict be set aside on payment ct costs, and, ill" party be admitted to ¿dead.