# Moore v. W O O W, Inc.

> Supreme Court of North Carolina · September 23, 1959 · 250 N.C. 695

URL: https://www.frixlaw.com/law-library/cases/9856101

## Case

- **Full name:** WILLIAM W. MOORE v. W O O W, Inc.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 23, 1959
- **Citations:** 250 N.C. 695; 110 S.E.2d 311; 1959 N.C. LEXIS 488
- **Precedential status:** Published
- **Opinion:** Concurrence by Mooee
- **Judges:** Parkee, Higgins, Bobbitt, Rodman
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9856101

## Opinion text

*701 Mooee, J.,
Concurring in result: The grounds alleged in the second motion and those alleged in the first motion are the same. However, when the first motion was heard, no evidence was offered to support the general allegation that defendant had a meritorious defense.
I would affirm, but on this limited ground. When it appeared, as found by Judge Paul, that evidence relevant to defendant’s alleged meritorious defense was not available when the matter was heard by Judge Hall, it was permissible for Judge Paul to consider the matter further in relation to the question of meritorious defense.
If Judge Hall, upon evidence as to facts upon which defendant based its defense, had found that defendant had no meritorious defense, my view is that appeal would have been defendant’s sole remedy.
Bobbitt and Rodman, J.J., concur in concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9856101. Public record. Not legal advice.