Legal Opinion

Bailey v. Gooding

Court of Appeals of North Carolina

Decided March 4, 1980No. 798SC538PublishedCited by 3 opinions

1Opinion of the Court

VAUGHN, Judge.

This appeal arises out of the attempt by plaintiffs to obtain a default judgment. On 17 October 1977, they obtained an entry of default before the clerk of superior court.

Entry. — When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney, for the plaintiff, or otherwise, the clerk shall enter his default.

G.S. 1A-1, Rule 55(a). The entry of default by the clerk was properly taken and entered. The…

2Cases cited17 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
  3. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  4. In Re BurtonSupreme Court of North Carolina · 1962
  5. Whaley v. RhodesCourt of Appeals of North Carolina · 1970

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. North Carolina National Bank v. McKeeCourt of Appeals of North Carolina · 1983
  2. General Foods Corp. v. MorrisCourt of Appeals of North Carolina · 1980
  3. Bailey v. GoodingCourt of Appeals of North Carolina · 1980

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