Morris v. Wilkins

Defendant’s assignments of error present two questions: first, if the facts are as set forth in said affidavit, was the defendant entitled to file answer without first filing a defense bond in conformity with G.S. 1-111; and second, if so, did the court err in striking the answer and granting plaintiff’s motion for judgment by default final without finding the essential facts relating to the matters set forth in said affidavit, in the absence of specific request that the court make such findings ? Upon the record presented, these questions must be answered in the affirmative.

Ordinarily, a…