Sprinkle v. Sprinkle

Decisions of tbis Court bold that wben a Judge of Superior Court bears a motion to set aside a judgment for mistake, surprise or excusable neglect, Gr.S. 1-220, it is bis duty, upon request so to do, to find tbe facts not only in respect to tbe grounds on wbicb tbe motion is made, but as to meritorious defense. Failure to do so is error. Holcomb v. Holcomb, 192 N.C. 504, 135 S.E. 287; McLeod v. Gooch, 162 N.C. 122, 78 S.E. 4. See also Parnell v. Ivey, 213 N.C. 644, 197 S.E. 128.

Tbe same rule would apply to bearing on motion to vacate an order for reason that it was made without notice. G.S.…