Whitaker v. . Raines

Tbe question bere presented is wbetber tbe facts appearing in tbe record were sucb as to justify tbe court below in setting aside tbe judgment theretofore rendered in tbe cause on tbe ground of excusable neglect.

Tbe parties are all residents of Buncombe County. Tbe plaintiff instituted tbis action 10 July, 1945, to recover possession of one acre of land, alleging title in bimself and wrongful witbbolding by defendants. Personal service of summons witb copy of verified complaint was bad on defendants 11 July, 1945. At request of defendants, time to answer was extended to 25 August, and again…