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PERKINS v. SYKES

No. 747.

63 S.E.2d 133 (1951)

233 N.C. 147

PERKINS v. SYKES.

Supreme Court of North Carolina.

February 2, 1951.

Attorney(s) appearing for the Case

A.H. Graham, Hillsboro, L.J. Phipps, Chapel Hill, for plaintiff appellee.

J. Grover Lee, R.M. Gantt, Durham, for defendant appellant.

WINBORNE, Justice.

The decisions of this Court uniformly hold that a party, moving in apt time and under the provisions of G.S. § 1-220 to set aside a judgment taken against him, on the ground of surprise or excusable neglect, not only must show surprise or excusable neglect, but also must make it appear that he has a meritorious defense to plaintiff's cause of action. Dunn v. Jones, 195 N.C. 354, 142 S.E. 320; Hooks v. Neighbors, 211 N.C. 382, 190 S.E. 236;...

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