Rierson v. . York

The case comes here by appeal of tbe plaintiff from an order made by Judge Clement setting- aside a default judgment in her favor in the above entitled action for the recovery of an automobile from the defendant. The motion to set aside the judgment was made under G. S., 1-220, for excusable neglect.

The plaintiff unsuccessfully resisted the motion before the Clerk of the Court, and appealed. In the Superior Court the trial judge adopted the findings of fact made by the Clerk, and added other pertinent findings.

The court had before it substantially the following situation:

The plaintiff had…