Woody v. . Privett
Cases that cite this one
1 later published case cites this decision.
- Cayton v. . Clark (N.C. 1937)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There is no finding of a meritorious defense, hence the order vacating the judgment will be set aside and the cause remanded for further proceedings not inconsistent with the rights of the parties. Jones v. Swepson, 94 N. C., 699; Gaylord, v. Berry, 169 N. C., 733, 86 S. E., 623.
A party who seeks to be relieved from a judgment on the ground of excusable neglect or irregularity must show merit, otherwise the court would be 'engaged in the vain procedure of setting aside a judgment, when, if there be no defense, it would be its duty to enter the same judgment again on motion' of the adverse party. Taylor v. Gentry, 192 N. C., 503, 135 S. E., 327; Duffer v. Brunson, 188 N. C., 789, 125 S. E., 619; Crumpler v. Hines, 174 N. C., 283, 93 S. E., 780.
Error and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.