Peebles v. Moore

BRANCH, Chief Justice.

Plaintiff first takes the position that under Chapter 1 A-l of the General Statutes a clerk of the superior court has authority to enter a default even though an answer is on file prior to the request for entry of default. Defendant on the other hand argues that the established practice in North Carolina does not permit a clerk to enter a default when an answer is on file, and that the adoption of Chapter 1 A-l does not affect the established rule. He relies on a line of cases represented by Bailey v. Davis, 231 N.C. 86, 55 S.E. 2d 919 (1949). In Bailey the clerk of the…