Motion in the cause heard before Eure, J., at Spring Term, 1875, of Perquimans Superior Court. The defendants moved to set aside a judgment theretofore rendered against them. The defendants resided in the City of Charlotte, and the plaintiff resided in Perquimans County. When the action commenced, but before the trial of the cause, he had removed to Hertford county, where he now resides.
Cited by 1 later decisions — most recently July 1927
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
The sickness of the family of one of the defendants at the time of the trial, so that he could not attend,, was a circumstance which might have been addressed to the
discretion
of his Honor upon a motion to continue. But the defendant’s counsel was present, knew of the sickness, did not ask for a continuance, but went into the trial by consent, upon the plantiff’s agreeing to permit to be read in evidence certain letters which he had, and which were in fact read.
¶2
When judgment has been rendered against a party by reason of his “ surprise, mistake, inadvertence, or excusable neglect,” the statute allows the court to vacate it at any time within a year. But this motion was not supported by any
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of these considerations. It was a trial by consent. And we agree with his Honor that there is no ground for vacating.
