Commercial Union Assurance Companies v. Atwater Motor Co.

WEBB, Judge.

We hold that the order of Judge Hobgood must be affirmed. G.S. 1A-1, Rule 60 says:(b) On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:(1) Mistake, inadvertence, surprise or excusable neglect; * * *(6) Any other reason justifying relief from the operation of the judgment.

The defendant contends it should be within one of these provisions. The defendant’s motion for relief was addressed to the discretion of the Superior Court and we are limited to determining…