It is agreeable to the practice to set aside the verdict where the merits have not been tried, and that owing to mistake, provide it appears that the applicant probably has the merits on his side.
Let the verdict be set aside on payment of costs, and the party be admitted to plead.
NOTE. — See the next case of House v. Bryant; Cogdell v. Barfield,9 N.C. 332; Reynolds v. Boyd, 23 N.C. 106.
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