Opinion · Supreme Court of North Carolina
Gwinn v. . Parker
119 N.C. 19
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1896-09-05
- Topic
- general
EaiRcloth, C. J.: The plaintiff, having previously filed a complaint, on Thursday, Spring Term, 1896, obtained judgment for want of an answer. On the next day the Judge, on defendants’ affidavit and application, set aside the judgment and allowed defendants 30 days to answer. Plaintiff appealed. It has been the settled rule for some time that any order or decree made was, during the term, in fieri, and that the Court during the term could vacate or modify the same.
Citator
UpLaw has not yet analyzed Gwinn v. . Parker. The absence of a flag is not a finding that it is good law.
- Cited by
- 11 opinions
The plaintiff, having previously filed a complaint, on Thursday, Spring Term, 1896, obtained judgment for want of an answer. On the next day the Judge, on defendants’ affidavit and application, set aside the judgment and allowed defendants 30 days to answer. Plaintiff appealed.
It has been the settled rule for some time that any order or decree made was, during the term, in fieri, and that the Court during the term could vacate or modify the same.
The Court has the discretion also, not reviewable, to extend the time for filing pleadings. Code, Sec. 274; Gilchrist v. Kitchen, 86 N. C., 20 ; Brown v. Hale, 93 N. C., 188. No Error.