Rivers v. Rivers

ARNOLD, Judge.

Defendant assigns error to the court’s conclusion that G.S. 1A-1, Rule 58 has no application to a confession of judgment. He contends that G.S. 1A-1, Rule 68.1, which authorizes confession of judgment, does not prescribe the manner in which judgments by confession are to be entered, and therefore Rule 58 should govern.

Under Rule 58 there are three requirements necessary for the entry of judgments which are not rendered in open court. First, an order for the entry of judgment must be given to the clerk by the judge. Second, the judgment must be filed. Third, the clerk must mail…