Lerch Bros. v. McKinne Bros.

The judge is authorized, upon such terms as may be just, to relieve a party at any time within one year after notice from a judgment taken against him through his mistake, inadvertence, surprise or excusable neglect (C. S., 600), but the several grounds upon which the power may .be exercised relate to facts and do not extend to matters of law. Ignorantia facti excusat, ignorantia juris non éxcusat. Ignorance of a material fact may excuse a party, but ignorance of the law does not excuse him from the legal consequences of his conduct. In Skinner v. Terry, 107 N. C., 103, the Court, holding…