Alston v. . Parish

Supreme Court of North Carolina

Alston v. . Parish

1 N.C. 309

DecidedJuly 5, 1800

StatusPublished

This text of 1 N.C. 309 (Alston v. . Parish) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. . Parish, 1 N.C. 309 (N.C. 1800).

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Opinion

The default in this case was taken in a manner to the two rules of practice established by the Court law, and is therefore *Page 262 unexceptionable in point of regularity. The discretion residing in the Court to set aside such judgment ought to be exercised with a view to the attainment of justice, and the prevention of delay under the particular circumstances of each case. It is necessary not only that the application should be made within a reasonable time, but the merits likewise which the defendant seeks to have tried ought to be clearly and concisely stated in an affidavit. It follows that this default was improperly set aside, because done at the third term after it was duly taken, and without imposing on the defendant the usual terms of entering a plea which should bring forward the merits of the cause.

NOTE. — See Andrews v. Devane, 3 N.C. 373, and the cases referred to in the note.

(311)

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The default in this case was taken in a manner to the two rules of practice established by the Court law, and is therefore *Page 262 unexceptionable in point of regularity. The discretion residing in the Court to set aside such judgment ought to be exercised with a view to the attainment of justice, and the prevention of delay under the particular circumstances of each case. It is necessary not only that the application should be made within a reasonable time, but the merits likewise which the defendant seeks to have tried ought to be clearly and concisely stated in an affidavit. It follows that this default was improperly set aside, because done at the third term after it was duly taken, and without imposing on the defendant the usual terms of entering a plea which should bring forward the merits of the cause.

NOTE. — See Andrews v. Devane, 3 N.C. 373, and the cases referred to in the note.

(311)

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Bluebook (online)

1 N.C. 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-parish-nc-1800.