Legal Opinion

Gillam v. . Cherry

Supreme Court of North Carolina

Decided September 22, 1926PublishedCited by 5 opinions

1Opinion of the CourtClarKSON, J.

Freeman on Judgments, 3rd vol., 5th ed. (1925), part sec. 1282, says: “Tbe effect of a default as an admission and as dispensing with proof of tbe facts varies somewhat with tbe statutes governing tbe matter. Generally, however, a default admits all of the material traversable allegations of the declaration, complaint or petition. (Italics ours) It admits tbe facts alleged as to tbe cause of action and precludes any showing of defensive matters, though as to tbe damages, except in those cases where tbe clerk or tbe court is authorized to enter judgment for tbe amount claimed, there is no…

2Cases cited5 opinions

  1. Blow v. . JoynerSupreme Court of North Carolina · 1911
  2. Banks v. Gay Manufacturing Co.Supreme Court of North Carolina · 1891
  3. Junge v. MacKnightSupreme Court of North Carolina · 1904
  4. Graves v. . CameronSupreme Court of North Carolina · 1913
  5. Stelges v. . SimmonsSupreme Court of North Carolina · 1915

3Cited by5 opinions

  1. Sheepscot Land Corp. v. GregorySupreme Judicial Court of Maine · 1978
  2. Dehoff v. . BlackSupreme Court of North Carolina · 1934
  3. Collins v. SimmsSupreme Court of North Carolina · 1961
  4. Strickland v. . ShearonSupreme Court of North Carolina · 1927
  5. Armstrong v. . AsburySupreme Court of North Carolina · 1915

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