{
  "id": 8626921,
  "name": "NEW HANOVER COUNTY and C. R. MORSE, City-County Tax Collector, v. ABEL HOLMES and Wire, If Married",
  "name_abbreviation": "New Hanover County v. Holmes",
  "decision_date": "1952-11-26",
  "docket_number": "",
  "first_page": "565",
  "last_page": "566",
  "citations": [
    {
      "type": "official",
      "cite": "236 N.C. 565"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "61 S.E. 2d 335",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "232 N.C. 518",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8607968
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/232/0518-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 205,
    "char_count": 2546,
    "ocr_confidence": 0.482,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20727173669198473
    },
    "sha256": "8e24b24220b904e96265eb3272a7e46b447508467a8e4ce62c65e636717f6b4b",
    "simhash": "1:988e888c906d96c7",
    "word_count": 422
  },
  "last_updated": "2023-07-14T20:03:47.341722+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Parker, J., took no part in tbe consideration or decision of tbis ease."
    ],
    "parties": [
      "NEW HANOVER COUNTY and C. R. MORSE, City-County Tax Collector, v. ABEL HOLMES and Wire, If Married."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAt tbe December Term 1951, Burney, J., denied tbe male defendant's motion to vacate tbe decree of foreclosure and tbe deed executed pursuant thereto. Tbe appeal from tbis order comes too late. Jones v. Jones, 232 N.C. 518, 61 S.E. 2d 335.\nAt tbe February Term, 1952, Burg'wyn, Special Judge, entered an order directing that a writ of possession issue. Feme defendant excepted. Tbe exception is without merit. Feme defendant\u2019s inchoate right of dower, if not barred by tbe judgments heretofore entered, does not deprive tbe purchasers of tbe present right of possession.\nOn 17 May 1952, Morris, J., denied defendants\u2019 motion to be permitted to supplement tbe testimony at tbe prior bearing by filing additional documentary evidence \u201cfor further consideration.\u201d No appeal lies from said order. Indeed, tbe judge was without authority to augment tbe evidence at that stage of tbe proceedings.\nTbe defendants have bad their day in court. They were accorded a full opportunity to be beard before tbe order of foreclosure was entered. Their present unfortunate predicament is due to their own negligence from which tbe Court can afford them no relief.\nAppeal dismissed.\nParker, J., took no part in tbe consideration or decision of tbis ease.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "G. G. Mclntire and Isaac C. Wright for plaintiff appellees.",
      "Rodgers & Rodgers for defendant appellants."
    ],
    "corrections": "",
    "head_matter": "NEW HANOVER COUNTY and C. R. MORSE, City-County Tax Collector, v. ABEL HOLMES and Wire, If Married.\n(Filed 26 November, 1952.)\n1. Appeal and Error \u00a7 31c\u2014\nWhere judgment is rendered during the December Term of a Superior Court, an appeal to the following Fall Term of the Supreme Court is too late.\n2. Taxation \u00a7 40h: Dower \u00a7 1\u2014\nInchoate dower cannot deprive the purchasers at a tax foreclosure from the present right of possession.\n3. Trial \u00a7 13: Appeal and Error \u00a7 2\u2014\nAdditional evidence may not be introduced after judgment, and no appeal lies from the denial of a party\u2019s motion to be permitted to introduce such evidence.\nParker, J., took no part in the consideration or decision of this case.\nAppeal by defendants from Burgwyn, Special Judge, February Term, 1952, New HaNOver.\nAppeal dismissed.\nTax foreclosure action in which both defendants were duly served with summons. They failed to answer and the property was duly sold. Final order was entered 27 April 1951. The cause was heard on two different occasions on motions made by defendants after final judgment, and also on motion of the purchasers for a writ of possession. The defendants excepted to the orders entered and appealed.\nG. G. Mclntire and Isaac C. Wright for plaintiff appellees.\nRodgers & Rodgers for defendant appellants."
  },
  "file_name": "0565-01",
  "first_page_order": 617,
  "last_page_order": 618
}
