Automotive Equipment Distributors, Inc. v. Petroleum Equipment & Service, Inc.

ORR, Judge.

Defendant assigns as error the trial court’s reinstatement of the clerk’s entry of default. The statute authorizing the court to reinstate the default is N.C.G.S. § 1-276, which provides as follows:

Judge determines entire controversy; may recommit.

Whenever a civil action or special proceeding begun before the clerk of a superior court is for any ground whatever sent to the superior court before the judge, the judge has jurisdiction; and it is his duty, upon the request of either party, to proceed to hear and determine all matters in controversy in such action, unless it appears to…