Williams Lumber Co. v. Taylor

The sole question raised by this appeal is whether the court erred in determining that the failure of defendants to file answer or otherwise plead was occasioned by their excusable neglect, and that they have a meritorious defense to the action.

Findings of fact by the trial court upon the hearing of a motion to set aside a judgment are conclusive on appeal when supported by any competent evidence. Moore v. Deal, 239 N.C. 224, 79 S.E. 2d 507; Hodge v. First Atlantic Corp., 6 N.C. App. 353, 169 S.E. 2d 917. On the question of excusable neglect the court made the following findings:

“1. The…