Taylor v. . Gentry

Plaintiff obtained judgment by default final in tbe recorder’s court of tbe town of Reidsville on 13 October, 1925. Tbis was set aside fourteen days thereafter, on motion of tbe defendant, on tbe ground of “mistake, inadvertence, surprise or excusable neglect,” under O. S., 600. On appeal by tbe plaintiff to tbe Superior Court tbe order setting aside tbe judgment in tbe recorder’s court was affirmed.

Plaintiff takes two positions: First, that tbe recorder’s court was without authority to entertain tbe motion, and, as tbe Superior Court could exercise derivative jurisdiction only, it was also…