Meece v. . Commercial Credit Co.

STACY, C. J., dissenting; ADAMS, J., concurs in dissent. The necessary facts appear in the judgment and findings of fact upon which it is based. Said judgment is as follows:

"The motion of the defendant in the above-entitled cause to have set aside the judgment obtained through mistake, surprise, inadvertence and excusable neglect, coming on to be heard before Hon. J. H. Harwood, judge holding the January Term, 1931, of said Superior Court, and being heard upon the petition of defendant, with exhibits thereto, the affidavit of Henry E. Fisher, and the answer of plaintiff to said petition, the…