Upon a motion to be allowed to defend after judgment, under sec. 85, chap. 17, Bat. Rev., the facts in the case must be found by the Court in which the motion is made.
( Clegg v. N. Y. Soapstone Co., 66 N.C. 391, cited and approved.)
READE, J.
If we felt at liberty to decide the case, we would probably have to take the facts in the case to be as stated by the defendant in her affidavit; and so taking them, the merits would seem to be in her favor. But, as we said in Clegg v. N. Y. Soap Stone Co., 66 N.C. 391, and numerous other cases since, the facts must be found below. To this end the cause will be remanded. Neither party will recover costs in this Court.
PER CURIAM. Case remanded.