Tyndall v. Triangle Mobile Homes, Inc.

The motion to vacate the judgment was based on factual allegations which, if established, would compel the court to grant *469defendant an opportunity to be heard on the question of liability to plaintiff. Plaintiff’s denial of the facts stated in defendant’s motion presented a question of fact to be decided by the court. Menzel v. Menzel, 250 N.C. 649, 110 S.E. 2d 333; Harrington v. Rice, 245 N.C. 640, 97 S.E. 2d 239; Banks v. Lane, 171 N.C. 505, 88 S.E. 754; Simmons v. Box Co., 148 N.C. 344, 62 S.E. 435.

Both the judge presiding over the Municipal-County Court and the judge presiding over the…