Stephens Ex Rel. Houston v. Childers

It is established by the decisions of this Court that a party moving under the provisions of G.S. 1-220 to set aside a judgment rendered against him on the ground of excusable neglect not only must show excusable neglect but also must make it appear that he has a meritorious defense to the plaintiff’s cause of action. Perkins v. Sykes, 233 N.C. 141, 63 S.E. 2d 133; Hanford v. McSwain, 230 N.C. 229, 53 S.E. 2d 84; Whitaker v. Raines, 226 N.C. 526, 39 S.E. 2d 266; Johnson v. Sidbury, 225 N.C. 208, 34 S.E. 2d 67; Parnell v. Ivey, 213 N.C. 644, 197 S.E. 128; Dunn v. Jones, 195 N.C. 354, 142 S.E.…