Scruggs v. Ballenger Corporation

Brailsford, Justice:

The sole issue on this appeal is whether the circuit judge committed reversible error in refusing defendant’s motion to be allowed to file an answer after it was in default. Default occurred while the unattended Summons and Complaint were in the hands of defendant’s insurance carrier, to which they had been mailed on June 14, 1972, the day of service upon the defendant. There is no suggestion that the papers were not received at the insurer’s Charlotte office in due course of mail. No account is given of their disposition from their arrival, presumably on June 15, until…