HOWARD v. BOYCE

No. 30.

118 S.E.2d 897 (1961)

254 N.C. 255

Frances Badham HOWARD, Fannie Badham, Bessie B. Small, Sidney Badham, Miles Badham, Penelope Overton, Alexander Badham, Charity Badham, Charles Badham, Pauline B. Turner, Frank Badham, Sadie B. Hawkins, James Badham, and all other Heirs at Law of Hannibal Badham. Deceased, v. Lonnie BOYCE.

Supreme Court of North Carolina.

March 22, 1961.


Attorney(s) appearing for the Case

Samuel S. Mitchell, Raleigh, R. Conrad Boddie, Rocky Mount and Chance, Mitchell & Wells, New York City, for movants, appellants.

Weldon A. Hollowell, Edenton, and Pritchett & Cooke, Windsor, for defendant.


MOORE, Justice.

Appellants seek to set aside the judgment of 13 July 1945 on the grounds that they did not consent thereto, did not authorize the attorney of record to appear for or represent them, and had no knowledge of the judgment prior to its entry.

The court below found as a fact that appellants (movants) have no meritorious cause of action and have been guilty of laches and unreasonable delay. It declined to set aside the judgment.

In the affidavits...

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