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FRANKS v. JENKINS

No. 745.

101 S.E.2d 423 (1958)

247 N.C. 586

William S. FRANKS v. John JENKINS.

Supreme Court of North Carolina.

January 10, 1958.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, Greensboro, for defendant, appellant.

Sanders & Holt, Burlington, for plaintiff, appellee.

PER CURIAM.

The findings of fact established (1) a meritorious defense, and (2) inexcusable neglect. Hence, defendant's motion was properly denied. Sanders v. Chavis, 243 N.C. 380, 90 S.E.2d 749.

Affidavits offered by defendant provided the only information before the court as to what occurred in New York after the court papers were served...

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