JOHN D. DORTON v. LIGGETT AND MYERS TOBACCO COMPANY.

(Filed 11 May, 1932.)

Appeal by plaintiff from Schenck, J., at January Term, 1932, of CabaeRus.

Motion to set aside judgment by default and inquiry, rendered by tbe clerk 20 April, 1931, wbicb inquiry was executed at the August Term, 1931, Cabarrus Superior Court. Motion allowed, and plaintiff appeals.

Armfield, Sherrin & Bamhardt for plaintiff.

Walter D. Brown and Fuller, Beade & Fuller for defendant.

Pee Curiam.

A majority of the Court being of opinion that the case is controlled by the decisions in Meece v. Credit Co., 201 N. C., 139, 159 S. E., 17, and Sutherland v. McLean, 199 N. C., 345, 154 S. E., 662, the judgment stands

Affirmed.