Duplin County v. . Ezzell

It is apparent that the Judge did not rule upon the matters presented by the appeal from the clerk. The motion to set aside the decree of confirmation and to nullify the sale was based upon suggested irregularities in the procedure appearing on the face of the record. For this reason, we think, the judgment below should be vacated and the cause remanded for further hearing on the appeal from the clerk.

The general rule that an unanswered complaint which has been personally served with summons on the defendant entitles the plaintiff to judgment by default applies equally to actions for the…