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STEPHENS v. CHILDERS

No. 312.

72 S.E.2d 849 (1952)

236 N.C. 348

STEPHENS et al. v. CHILDERS.

Supreme Court of North Carolina.

October 29, 1952.

Attorney(s) appearing for the Case

C. David Swift, Valdese, for plaintiff, appellee.

Mull, Patton & Craven, Morganton, for defendant, appellant.

JOHNSON, Justice.

It is established by the decisions of this Court that a party moving under the provisions of G.S. 1-220 to set aside a judgment rendered against him on the ground of excusable neglect not only must show excusable neglect but also must make it appear that he has a meritorious defense to the plaintiff's cause of action. Perkins v. Sykes, 233 N.C. 147, 63 S...

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