The defendant failed to make good his allegation that the judgment, rendered in this cause, had been taken through surprise or excusable neglect. The judge finds the contrary to be true. It is also found as a fact that the defendant has no meritorious defense to the plaintiff’s suit. Hence, the motion was properly denied on both grounds. Livestock Co. v. Atkinson, 189 N. C., 250; Duffer v. Brunson, 188 N. C., 789; Bartholomew v. Parrish, ante, 151.

Affirmed.