Opinion
Filed 4 May, 1960.
Appeal and Error 19 — Appeal dismissed on authority of Hunt v. Davis, 248 N.C. 69 for failure properly to group the exceptions.
APPEAL by plaintiff from an order of Gwyn, J., February 22, 1960 Civil Term, of GUILFORD (High Point Division).
Schoch and Schoch for plaintiff, appellant.
Robert S. Cahoon for defendant, appellees.
This action was begun to recover damages resulting from an alleged breach of contract. A judgment by default and inquiry was rendered by the clerk. Defendants gave notice of an intent to move to vacate the judgment because of excusable neglect. The motion was not made at the time fixed in the notice. Judge Thompson, without a hearing and before the motion was filed, rendered judgment refusing to set the default judgment aside. Thereafter defendants filed their motion to set aside the default judgment for excusable neglect and to set aside the judgment rendered by Judge Thompson for irregularity. These motions were heard by Judge Gwyn. He made extensive findings of fact and on his findings concluded the judgment rendered by Judge Thompson was irregular, defendants had a good and meritorious defense, and the failure to file an answer in due time was due to excusable neglect. Based on his findings he vacated both judgments. Plaintiff took exceptions to the findings of fact and conclusions of law and appealed.
Plaintiff groups his exceptions in substantially the same manner condemned in Hunt v. Davis, 248 N.C. 69, 102 S.E.2d 405. For the reasons there given, the appeal is
Dismissed.