Crye v. . Stoltz

At any time within one year after notice thereof the judge, upon such terms as may be just, may relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect. C. S., 600. There are numerous decisions which hold that the applicant for relief under this section must show a mérito rious defense as well as mistake, inadvertence, surprise, or excusable neglect. Cook v. Bailey, 190 N. C., 599; Duffer v. Brunson, 188 N. C., 789; Bank v. Duke, 187 N. C., 386; Land Co. v. Wooten, 177 N. C., 248; Crumpler v. Hines, 174 N. C., 283. In the judgment…