Opinion · Supreme Court of North Carolina

John F. Seymour & Co. v. Cohen

John F. Seymour & Co. v. Cohen, 67 N.C. 345 (N.C. 1872)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1872-06-05
Topic
general

Reade, J. The only question necessary for us to consider, is, was notice to the adverse party, of the motion to vacate the judgment, necessary. Notice was necessary, and the order vacating the judgment without notice was erroneous. Per Curiam. Judgment reversed.

Citator

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Cited by
2 opinions
SEYMOURv. COHEN,67 N.C. 345(1872)
JOHN F. SEYMOUR CO. v. S. COHEN et al.
Supreme Court of North Carolina
June Term, 1872.
Where a motion is made by a party to set aside a judgment, notice must be given to the adverse party.
MOTION to set aside a judgment, heard beforeClarke, J., at Chambers.
No notice was given by the defendant, against whom the judgment was rendered, to the plaintiff, of the motion to set aside and vacate the judgment. His Honor ordered the judgment to be vacated and that defendant be permitted to plead. From this order plaintiff appealed.
Fairclothfor plaintiffs.Busbee Busbeefor defendants.
READE, J.
The only question necessary for us to consider, is, was notice to the adverse party of the motion to vacate the judgment, necessary. Notice was necessary, and the order vacating the judgment without notice was erroneous.

PER CURIAM. Reversed.Cited: Sutton v. McMillan,72 N.C. 103;Fisher v. Mining Co.,105 N.C. 126.Page 251

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