Jones v. . Swepson
This text of 79 N.C. 510 (Jones v. . Swepson) 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.
Opinion
This is an application to the Judge below to vacate a judgment under C. C. P. § 133 for excusable neglect. As the affidavit of the defendant is contradicted in some material particulars by the affidavit of the plaintiff, it was the duty of the Judge to find and set forth upon the record the facts upon which he grounded his judgment. "Whether a given state of facts constitutes excusable neglect is a question of law. This Court has no jurisdiction to find *511 the facts from the testimony contained in the affidavits when they are conflicting. That is the peculiar province of the Court below. This is as well settled as any proposition can be, by many concurring decisions of this Court. Clegg v. White Soap Stone Co., 66 N. C., 391; Hudgins v. White, 65 N. C. 393; Powell v. Weith, 66 N. C. 423.
Error. Reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
79 N.C. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-swepson-nc-1878.