Gwinn v. . Parker
Cases that cite this one
9 later published cases cite this decision.
- Hopkins v. Hopkins (N.C. 1966)
- Mecke v. Valleytown Mineral Co. (4th Cir. 1899)
- State v. . McLamb (N.C. 1935)
- Campbell v. City of Asheville (N.C. 1922)
- Gold v. . Maxwell (N.C. 1916)
- Cook v. Western Union Telegraph Co. (N.C. 1909)
- State v. . Chestnutt (N.C. 1900)
- State v. Chesnutt (N.C. 1900)
- Davison v. West Oxford Land Co. (N.C. 1897)
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
The plaintiff, having previously filed a complaint, on Thursday, Spring Term, 1896, obtained judgment for want of an answer. On the next day the Judge, on defendants’ affidavit and application, set aside the judgment and allowed defendants 30 days to answer. Plaintiff appealed.
It has been the settled rule for some time that any order or decree made was, during the term, in fieri, and that the Court during the term could vacate or modify the same.
The Court has the discretion also, not reviewable, to extend the time for filing pleadings. Code, Sec. 274; Gilchrist v. Kitchen, 86 N. C., 20 ; Brown v. Hale, 93 N. C., 188. No Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.