HARRINGTON v. HARRINGTON

No. 7811SC47.

248 S.E.2d 460 (1978)

38 N.C. App. 610

Kyle Kelly HARRINGTON and Kyle Harrington, Trustees v. Alex S. and Joyce S. HARRINGTON.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Morgan, Bryan, Jones, Johnson, Hunter & Greene by Robert C. Bryan, Dunn, for plaintiffs-appellees.

Mast, Tew, Nall & Moore, P. A., by Joseph T. Nall, Smithfield, for defendants-appellants.


ARNOLD, Judge.

Defendants first contend that their failure to appear in court on 29 August was excusable neglect, induced by the confusion of receiving two trial calendars with their case calendared for two different months. They argue that it was reasonable for them to assume that the September calendar "extinguished" the August one, and they seek relief under G.S. 1A-1, Rule 60(b)(1) from the judgment entered against them.

We find that defendants' failure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases