Abernethy v. Nichols

Winborne, C. J.:

Is there error in the judgment from which plaintiffs appeal? In the light of statute G.S. 1-220, under which appellee moves, and decisions of this Count, Bank v. Turner, 202 N.C. 162, 162 S.E. 221, Sikes v. Weatherly, 110 N.C. 131, 14 S.E. 511, and Nicholson v. Cox, 83 N.C. 48, the answer to the question is in the negative.

It is provided by statute, G.S. 1-220, that: “The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from judgment* * taken against him through his excusable neglect * * .” That is, if the party,…