Helderman v. Hartsell Mills Co.

Referring to motions similar to that made in this action by defendant, Justice Varser, in Lumber Co. v. Chair Co., 190 N. C., 437, says: “In these motions the Court cannot lose sight of the rights of the party who has been diligent, and has sought his remedy according to the course and practice of the Court. If there is hardship as between the parties, it must be borne by him who was not diligent, unless the facts come within the purview of C. S., 600.” A judgment will not be set aside unless the party seeking relief under the statute, alleges and shows not only excusable neglect, but also a…