Jones v. . Swepson
Cases that cite this one
2 later published cases cite this decision.
- Ashby v. . Page (N.C. 1891)
- Finlayson v. American Accident Co. of Louisville (N.C. 1891)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.