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DOXOL GAS OF ANGIER, INC. v. BAREFOOT

No. 7111DC58.

179 S.E.2d 890 (1971)

10 N.C. App. 703

DOXOL GAS OF ANGIER, INC. v. Marvin BAREFOOT.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

James F. Penny, Jr., Lillington, for plaintiff appellant.

No counsel for defendant appellee.

PARKER, Judge.

"Unless the judge finds that there was excusable neglect and this finding is correct as a matter of law, he is not authorized to set aside the judgment. The facts found by him are conclusive if there is any evidence on which to base such finding of fact. Whether the facts found constitute excusable neglect or not is a matter of law, and reviewable upon appeal." Jones-Onslow Land Co. v. Wooten, 177 N.C. 248, 98 S.E. 706. Even when the facts found justify...

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