West v. Coppersmith, 200 N.C. 798 (1931)

Feb. 18, 1931 · Supreme Court of North Carolina
200 N.C. 798

MRS. PATTIE WEST, Trading as O. B. WEST & COMPANY, v. W. B. COPPERSMITH et al.

(Filed 18 February, 1931.)

Appeal by defendants from Harris, J., at November Term, 1930, of PASQUOTANK.

Motion under O. S., 600, to set aside judgment by default and inquiry for excusable neglect.

Motion denied. Defendants appeal.

McMullan & LeBoy for plaintiff.

Thompson & Wilson for defendants.

Pee Oubiam.

There is neither finding nor evidence on tbe record sufficient to establish that tbe neglect of tbe defendants was legally excusable. Hence, tbe ruling must be upheld on authority of Sutherland v. McLean, 199 N. C., 345, and Pepper v. Clegg, 132 N. C., 312, 43 S. E., 906.

Affirmed.