Freeman v. Hardee's Food Systems, Inc.

When a clerk of superior court, without statutory authority, enters a judgment by default final, it is subject to attack by motion in the cause and will be vacated. Cook v. Bradsher, 219 N.C. 10, 12 S.E. 2d 690, and cases cited.

The authority conferred upon clerks of superior court by G.S. 1-209 and G.S. 1-211 includes authority to enter judgment by default final when the complaint sets forth a cause of action for “the breach of an express or implied contract to pay, absolutely or upon a contingency, a sum or sums of money fixed by the terms of the contract, or capable of being ascertained…