Opinion

Southern Butane Gas Corp. v. Bullard

  • 232 N.C. 730
  • 62 S.E.2d 335
  • 1950 N.C. LEXIS 636
Court
Supreme Court of North Carolina
Filed
Nov 29, 1950
Status
Published
On the bench
Consideration, Johnson, Took
Cited by
0 cases
Authority
More cited than 14.6%

The opinion

Per Curiam.

For want of an answer judgment by default final was rendered by the Clerk in favor of the plaintiff. Subsequently, defendant’s motion to set aside the judgment on the ground of excusable neglect was denied by the Clerk, but on an appeal to the Superior Court *731 it was found by the Judge “that the judgment was obtained on account of the defendant’s excusable neglect, and that the judgment was irregular . . . and that defendant has a meritorious defense.” Thereupon it was ordered that the judgment be vacated. G.S. 1-220.

FVom the record it appears that “to the above judgment the plaintiff excepts and appeals to the Supreme Court,” and assigns as error “that the court erred in signing the judgment.” As there is no exception to the finding that defendant’s failure to answer in due time was attributable to his excusable neglect or that defendant has a meritorious defense, the questions debated by appellant are not presented. The exception to the judgment brings up only the question whether the facts found support the judgment. No error appears on the face of the record. Rader v. Coach Co., 225 N.C. 537 , 35 S.E. 2d 609 ; Fox v. Mills, Inc., 225 N.C. 580 , 35 S.E. 2d 869 ; Brown v. Truck Lines, 227 N.C. 65 , 40 S.E. 2d 476 ; Roach v. Prichett, 228 N.C. 747 , 47 S.E. 2d 20 ; Simmons v. Lee, 230 N.C. 216 , 53 S.E. 2d 79 .

Judgment affirmed.

JOHNSON, J., took no part in the consideration or decision of this case

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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