Battle v. Mercer

This was a motion to set aside a judgment for excusable neglect. The court below found “that neither of the defendants Mary S. Mercer, John E. Mercer, T. C. Tilghman or Margaret M. Tilghman has a meritorious defense to this action.”

In Farmers and Merchants Bank v. Otho H. Duke, Admr., ante, 389, it is said: “It is well settled in this State that the application should show not only mistake, inadvertence, surprise or excusable neglect, but also a meritorious defense. Land Co. v. Wooten, 177 N. C., 250, and cases cited; 23 Cyc., 962, 1031.”

As to the merits of the controversy, the plaintiffs in…