LUMBER CO. v. RHYNE

Judgments — Default — Mechanics' Lien — Judgment Set Aside — Statutes — Meritorious Defense.

A judgment by default final in favor of material furnishers, etc., for a building erected on the lands of a nonresident owner, by service of summons by publication, may be set aside upon defendant's motion made in two days after he had notice of the pendency of the action, upon a finding of a meritorious defense. C. S., 492. Burton v. Smith, 191 N.C. 599, and other cases, cited as controlling.

STACY, C.J.,

after stating the case: The judgment must be affirmed on authority of Burton v. Smith, 191 N.C. 599, and Rogers v. Piland, 178 N.C. 70. It would only be a work of supererogation to state again what has so recently been said in these cases. See, also, Foster v. Allison Corp., 191 N.C. 166, and Miller v. Dunn, 188 N.C. 400.

Affirmed.