American Credit Co. v. Stuyvesant Insurance Co.

The first question presented on this appeal is whether the. court committed error in ruling upon the defendant’s motion to vacate the judgment.

In Moore v. W O O W, Inc., 250 N.C. 695, 110 S.E. 2d 311 (1959), the North Carolina Supreme Court considered a case similar to the one now before us. In that case a motion to set aside a default judgment was denied for want of evidence of a meritorious defense. Several months later, but within one year of the date of the entry of the judgment by default final, the defendant brought another motion on the same ground and introduced evidence of a…