Jolley v. Jolly

(dissenting) :

Disagreeing with the majority opinion, I dissent.. Eudora Jolley sued Gene Jolly and obtained a default judgment. The defendant’s motion to vacate the judgment was granted and the plaintiff appeals. ■.

The issue before us is whether the lower court abused its discretion in holding the defendant’s failure to answer the summons within twenty days constituted excusable neglect. I conclude the lower court abused its discretion and would reverse its order.

In April, 1974, the defendant was 'personally served with a summons, complaint not served, at his residence in Rutherfordton, North…