Vick v. . Baker

Citations

• 29 S.E. 64
• 122 N.C. 98
• 1898 N.C. LEXIS 199

Syllabus

<p>Judgment by Default — Inexcusable Neglect — Setting Aside Judgment — Practice.</p> <p>1. A litigant is not relieved by the employment of counsel from all attention to his case, but it is his duty to look after it with such attention as a man of ordinary prudence usually gives to his important business.</p> <p>2. A judgment by default will not be set aside on the ground of excusable neglect, when it appears that defendants changed their postoilice and did not receive the answer mailed to them by their counsel until eleven months after it was mailed, no inquiry for letters having been made by them at their former postoliico, and no communication being addressed to their counsel concerning the matter until eleven months after the time for answering the complaint had expired.</p> <p>3. A judgment rendered at one term of a Court cannot be set aside at a subsequent term except for excusable neglect.</p> <p>4. Where, in an action to recover land, the defendant fails to lile, or is Hqfr excused from filing, the bond required by Section 237 of The Code, a judgment by default is authorised by Section 390 of The Code, even if there has been a failure to file an answer arising from excusable neglect.</p> <p>5. Where a tenant in common maintains his action for an interest in land, the judgment should be that he be let into possession as tenant in common with the defendants and not for the recovery of the whole tract.</p>