Perkins v. Sykes

The decisions of this Court uniformly hold that a party, moving in apt time and under the provisions of G.S. 1-220 to set aside a judgment taken against him, on the ground of surprise or excusable neglect, not only must show surprise or excusable neglect, but also must make it appear that he has a meritorious defense to plaintiff’s cause of action. Dunn v. Jones, 195 N.C. 354, 142 S.E. 320; Hooks v. Neighbors, 211 N.C. 382, 190 S.E. 236; Johnson v. Sidbury, 225 N.C. 208, 34 S.E. 2d 67; Craver v. Spaugh, 226 N.C. 450, 38 S.E. 2d 525; Whitaker v. Raines, 226 N.C. 526, 39 S.E. 2d 266; Hanford v.…