Legal Opinion

Crotts v. Camel Pawn Shop, Inc.

Court of Appeals of North Carolina

Decided October 25, 1972No. 7219SC662PublishedCited by 17 opinions

1Opinion of the Court

BROCK, Judge.

Plaintiff appeals from the trial judge’s order vacating an entry of default.

An entry of default is only an interlocutory act looking toward the subsequent entry of a final judgment by default and is more in the nature of a formal matter; 6 J. Moore, Federal Practice, par. 55.10 [1], p. 1827 (2d Ed. 1966) ; and a court might feel justified in setting aside an entry of default on a showing that would not move it to set aside a default judgment. Moore, supra, par. 55.10 [2], p. 1831; see Whaley v. Rhodes, 10 N.C. App. 109, 177 S.E. 2d 735.

When an entry of default has been made by…

2Cases cited4 opinions

  1. Whaley v. RhodesCourt of Appeals of North Carolina · 1970
  2. In Re the Sale of Land of WarrickCourt of Appeals of North Carolina · 1968
  3. Cobb v. CobbCourt of Appeals of North Carolina · 1971
  4. Mull v. MullCourt of Appeals of North Carolina · 1971

3Cited by17 opinions

  1. Peebles v. MooreSupreme Court of North Carolina · 1981
  2. Peebles v. MooreCourt of Appeals of North Carolina · 1980
  3. Byrd v. MortensonSupreme Court of North Carolina · 1983
  4. Hecht Realty, Inc. v. HastingsCourt of Appeals of North Carolina · 1980
  5. Hubbard v. LumleyCourt of Appeals of North Carolina · 1973

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