Hodge v. FIRST ATLANTIC CORPORATION

The question presented by this appeal is: Did the trial court err in setting aside the default judgment because of excusable neglect? Our answer is no.

In Brown v. Hale, 259 N.C. 480, 130 S.E. 2d 868, in an opinion by Denny, C.J., it is said:

“What duty does the law impose upon a defendant in a civil action with respect to filing answer or other pleading?

The decisions on the subject now before us are not entirely satisfactory with respect to their consistency. In fact, many of them are irreconcilable. Sutherland v. McLean, 199 N.C. 345, 154 S.E. 662. However, the general rule seems to be that…