McKeel Hardware Co. v. Buhmann

This is an appeal from tbe refusal of a motion to set aside a judgment on tbe ground of excusable neglect. Tbe court beld that no excusable neglect bad been shown. It is true that it is tbe duty of tbe court in such case to find tbe facts, and. that its finding is conclusive, and that upon such facts the conclusion of law only is reviewable. Norton v. McLaurin, 125 N. C., 185, and cases there cited. Tbe failure of the judge to find tbe facts in this case, however, is immaterial, for, taking tbe affidavits of tbe appellant as correct, be has shown inexcusable neglect. It appears therefrom that…