Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
  • Mr. Gaston moved, upon this affidavit, that the verdict might be set aside upon payment of costs, and the party let in to plead, so as to bring the merits in question. Jones e contra, opposed the motion with much earnestness.
Judges
  • LOCKE, J.
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Click here to upload
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
  • Mr. Gaston moved, upon this affidavit, that the verdict might be set aside upon payment of costs, and the party let in to plead, so as to bring the merits in question. Jones e contra, opposed the motion with much earnestness.
Judges
  • LOCKE, J.
See more information ...
Smart Summary

ANDREWS v. DEVANE.

A default will be set aside where the defendant has probably merits on his side, and his not making defense arose from mistake.

LOCKE, J.

It is agreeable to the practice to set aside the verdict where the merits have not been tried, and that owing to mistake, provide it appears that the applicant probably has the merits on his side.

Let the verdict be set aside on payment of costs, and the party be admitted to plead.

NOTE. — See the next case of House v. Bryant; Cogdell v. Barfield, 9 N.C. 332; Reynolds v. Boyd, 23 N.C. 106.

(374)

Use AI to get other relevant cases.
Try AI Pro free for 7 days Upgrade to AI Pro

Comments

ANDREWS v. DEVANE
(Jan 1, 1805)