Texas Western Financial Corp. v. Mann

PARKER, Judge.

Plaintiff contends that the trial judge erred in setting aside the default judgment because there was insufficient evidence from which the court could find excusable neglect on defendant’s part. We agree and accordingly reverse.

“Parties who have been duly served with summons are required to give their defense that attention which a man of ordinary prudence usually gives his important business, and failure to do so is not excusable.” 8 Strong’s N.C. Index 3d, Judgments § 25, p. 57; Whitaker v. Raines, 226 N.C. 526, 39 S.E. 2d 266 (1946); Johnson v. Sidbury, 225 N.C. 208, 34 S.E.…