Gregg v. Steele

MARTIN, Judge.

G.S. 1A-1, Rule 55(d) provides that “[f]or good'cause shown the court may set aside an entry of default, and, if a judgment by default has been entered, the judge may set it aside in accordance with Rule 60(b).” Plaintiff contends the trial court erred in setting aside the default judgment, because there was insufficient evidence from which the court could find excusable neglect on the defendants’ part.

Defendants’ testimony and J. B. Steele’s affidavit indicate that Evelyn Steele received a summons and complaint which she turned over to her husband, J. B. Steele. That same day,…