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GARRET v. TRENT

Supreme Court of North Carolina
Sep 1, 1939

Judgments § 22e —

It is error for the court to set aside a judgment on the ground of excusable neglect, C. S., 600, in the absence of a finding that defendant has a meritorious defense.

PER CURIAM.

There is an absence of any finding of the fact by the court that the defendant had meritorious defenses, and for this reason the judgments should not have been set aside. Cahoon v. Brinkley, 176 N.C. 5; Hooks v. Neighbors, 211 N.C. 382.

Reversed.