Simms v. . Sampson

If the judgment entered in this proceedings at the December Civil Term, 1940, of the Superior Court of Robeson County, is irregular, the motion to set it aside should have been allowed,

The appellees contend that the appellants are relying solely for relief upon the authority to set aside a judgment under the provisions of C. S., section 600; and that an application for relief thereunder is addressed to the sound discretion of the trial judge. Bank v. Foote, 77 N. C., 131; Norton v. McLaurin, 125 N. C., 185, 34 S. E., 269; Dunn v. Jones, 195 N. C., 354, 142 S. E., 320. It is further contended…