Johnson v. . Sidbury

The appeal in this ease presents the question whether the defendant offered sufficient evidence of excusable neglect to warrant setting aside a judgment by default and inquiry heretofore rendered against him for want of an answer. G. S., 1-220.

It appears that the action was properly instituted in the Superior Court of New Hanover County to recover damages for injury to real property, and that summons and verified complaint were duly served on the defendant 13 June, 1944. G. S., 1-89; G. S., 1-121. No answer or other plea having been filed by defendant, on 14 July, 1944, judgment by default…