HOWARD v. WILLIAMS

No. 785DC474.

253 S.E.2d 571 (1979)

40 N.C. App. 575

Paul HOWARD, Plaintiff Appellant, v. Jerry R. WILLIAMS t/d/b/a Commercial Package & Delivery Service, Inc. and Commercial & Package Delivery Service, Inc. a/k/a Commercial Package & Delivery Service and a/k/a Commercial Package & Delivery Service, Inc., Defendant Appellee.

Court of Appeals of North Carolina.

April 3, 1979.


Attorney(s) appearing for the Case

Parker, Rice & Myles by Charles E. Rice, III, Wilmington, for plaintiff-appellant.

Burney, Burney, Barefoot & Bain by R. C. Bain, Wilmington, for defendant-appellee.


CARLTON, Judge.

Plaintiff's primary contention is that the facts found by the trial court are insufficient to support its conclusion that there was excusable neglect on the part of the individual defendant, and that the evidence is insufficient to support such findings.

G.S. 1A-1, Rule 55(d) provides: "For good cause shown the court may set aside an entry of default, and, if a judgment by default has been entered, the judge may set it aside in accordance with...

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