Bowie v. . Tucker

The clerk gave judgment by default and inquiry and the defendants made a motion before him to set aside the judgment on the ground of surprise and excusable neglect. The motion was denied, and upon appeal the clerk’s judgment -was reversed. C. S., 600. An applicant for relief under this section must show a meritorious defense, as well as excusable neglect. Dunn v. Jones, 195 N. C., 354; Crye v. Stoltz, 193 N. C., 802; Helderman v. Mills Co., 192 N. C., 626. Conceding that there is sufficient evidence of excusable neglect to support the finding to this effect, we have discovered no evidence…