G & M Sales of Eastern North Carolina, Inc. v. Brown

HEDRICK, Judge.

Defendant first argues that the court erred in denying his motion to set aside the entry of default and default judgment entered on 19 March 1982. We agree. Rule 55 of the North Carolina Rules of Civil Procedure, in pertinent part, provides:(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead . . . the clerk shall enter his default.(b) Judgment. . . .(1) By the Clerk. — When the plaintiffs claim against a defendant is for a sum certain . . . the clerk upon request of the plaintiff . . . shall enter judgment for that amount and…