Chapman v. . Lineberry

Supreme Court of North Carolina

Chapman v. . Lineberry

140 S.E. 302, 194 N.C. 811, 1927 N.C. LEXIS 249

DecidedDecember 7, 1927

StatusPublished

This text of 140 S.E. 302 (Chapman v. . Lineberry) 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

Chapman v. . Lineberry, 140 S.E. 302, 194 N.C. 811, 1927 N.C. LEXIS 249 (N.C. 1927).

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Opinion

Pee Oubiam.

Upon the facts found by the judge, upon the hearing of the motion, we find no error in his order refusing defendant’s motion. Both complaint and answer had been duly filed prior to March Term, 1927, and the action was docketed for trial at said term. This term was held in accordance with the provisions of the statutes relative to terms of the Superior Courts to be held in the several counties of the State. Defendant’s failure to attend and defend the action at the March Term cannot, upon the facts found, be held excusable.

Issues were submitted to a jury, and plaintiff offered evidence from which the jury returned the verdict under instruction of the court. This verdict supports the judgment. If there was error defendant’s remedy was by appeal and not by motion to set aside the judgment and verdict. We find no error, and the order is

Affirmed.

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Pee Oubiam.

Upon the facts found by the judge, upon the hearing of the motion, we find no error in his order refusing defendant’s motion. Both complaint and answer had been duly filed prior to March Term, 1927, and the action was docketed for trial at said term. This term was held in accordance with the provisions of the statutes relative to terms of the Superior Courts to be held in the several counties of the State. Defendant’s failure to attend and defend the action at the March Term cannot, upon the facts found, be held excusable.

Issues were submitted to a jury, and plaintiff offered evidence from which the jury returned the verdict under instruction of the court. This verdict supports the judgment. If there was error defendant’s remedy was by appeal and not by motion to set aside the judgment and verdict. We find no error, and the order is

Affirmed.

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Bluebook (online)

140 S.E. 302, 194 N.C. 811, 1927 N.C. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-lineberry-nc-1927.