Pailin v. Richmond Cedar Works

Upon the facts found by the judge, supported as they are by competent evidence, it must be conceded, we think, that the defendant is not entitled to have the judgment set aside on the ground of “mistake, inadvertence, surprise, or excusable neglect.” Seawell v. Lumber Co., 172 N. C., 320. Under the decisions construing the statute applicable, C. S.,. 600, if a party who is sued employ nonresident counsel, not to appear in the case himself, but whose duty is merely to select other counsel to attend to the matter, and he fail to make such selection, the first-named counsel is to be considered…