84 N.C. 597 | N.C. | 1881
The summons was issued on the 27th of January, 1880, returnable to spring term, 1880, at which term an entry was made on the docket as follows: "Time to file pleadings as of spring term, 1880." About three months prior to fall *598 term of same year, the trial term, the plaintiffs filed their complaint duly verified, in which they declared upon two writings obligatory under seal for the payment of money — one dated April 1st, 1879, for three hundred and fifty dollars, and the other dated May 1st, 1879, for four hundred and fifty dollars, both due on the first day of November following.
At the time of filing the complaint, the plaintiffs' counsel notified the defendant's counsel of the fact, and called his attention to the fact that his client, the defendant, was in Snow Hill, the county town of Greene county. On the fourth day of fall term, 1880, the case being called in regular order on the docket, the defendant offered his answer and asked leave to file the same, when on motion of plaintiffs' counsel, the court in the exercise of its discretion refused to allow the defendant to file it, and rendered judgment against him for the amount claimed by the plaintiffs, from which judgment the defendant appealed.
The case of Boddie v. Woodard,
Ours is a somewhat stronger case than that, for here, the complaint was filed three months before the trial term, and *599 the defendant's counsel was notified, at the time, of the fact of the complaint being filed, and was also informed that his client was then in town. The defendant was guilty of laches. There is no excuse for the delay. The allowing the answer to be filed at the trial term was a pure matter of discretion, and is not reviewable in this court.
No error. Affirmed.