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Nathan v. Fields

Supreme Court of North Carolina
Apr 1, 1932
163 S.E. 682 (N.C. 1932)

Opinion

(Filed 20 April, 1932.)

Appeal and Error J d — Where Court is evenly divided judgment will be affirmed.

Where on appeal the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment will be affirmed.

CIVIL ACTION, before Daniels, J., at December Term, 1931, of ORANGE.

Henry A. Whitfield for plaintiffs.

Brawley Gantt for defendants.


The plaintiffs recovered judgment against the defendants and thereafter in apt time the defendants made a motion to set aside the judgment upon the ground of excusable neglect.

The trial judge found the facts which are set out in the record, and upon such facts vacated the judgment, and the plaintiffs appealed.


Stacy, C. J., took no part in the decision of this case, and the Court being evenly divided in opinion, the judgment is

Affirmed.


Summaries of

Nathan v. Fields

Supreme Court of North Carolina
Apr 1, 1932
163 S.E. 682 (N.C. 1932)
Case details for

Nathan v. Fields

Case Details

Full title:S. A. NATHAN AND HATTIE MAE NATHAN v. W. G. FIELDS AND C. C. EDWARDS

Court:Supreme Court of North Carolina

Date published: Apr 1, 1932

Citations

163 S.E. 682 (N.C. 1932)
202 N.C. 843