Radeker v. . Royal Pines Park, Inc.

176 S.E. 285, 207 N.C. 209, 1934 N.C. LEXIS 421

• Court: Supreme Court of North Carolina
• Decided: October 10, 1934
• Status: Published

Opinion

Pee CuRiam.

Tbe judge of tbe general county court of Buncombe, “after bearing evidence for plaintiff and movants, and .argument of counsel,” found tbe facts, and upon tbe facts so found held, “in its discretion and as a matter of law, . . . that tbe movants have shown excusable neglect and a meritorious defense,” and adjudged that tbe default judgment and tbe proceedings pursuant thereto', be “declared null and void and set aside.”

No evidence appears in tbe case on appeal, unless tbe pleadings, tbe judgment sought to be set aside and tbe record incident thereto, and tbe motion and affidavit of tbe movants be treated as evidence. If these be so treated, they furnish sufficient basis for tbe findings of fact. If they be not so treated, then, in tbe absence of tbe evidence from tbe case on appeal, tbe findings of fact are presumed to be based upon sufficient evidence. And withal there are no exceptions to tbe findings of facts. These findings are final and binding upon tbis Court.

Tbe findings of fact fully sustain bis Honor’s bolding that tbe movants have shown excusable neglect and meritorious defense. In no view of tbe case, therefore, should tbe judgment be reversed. Abbitt v. Gregory, 195 N. C., 203; Bank v. Duke, 187 N. C., 386; Weil v. Woodard, 104 N. C., 94.

Affirmed.