Carter v. . Anderson

The question presented: Did appellants, defendants in the trial court, exercise due care and diligence in the preparation and trial of the case against them sufficient to justify the vacating and setting aside of the judgment rendered against them in the Superior Court of Madison County, N. O. ? We think not.

This is a motion by defendants to set aside a judgment for excusable neglect, under N. C. Code, 1931 (Michie), sec. 600, which, in part, is as follows: “The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment,…