Kruger v. Bank of Commerce
Supreme Court of North Carolina
This was a civil action heard before Norwood, J., at Spring Term, 1898, of the Superior Court of Dare County. The plaintiff moved for judgment upon his verified complaint, filed on the first day of the Term. The defendant did not appear, and was not represented by any one, and upon the last call of the appearance docket, as the Court had finished its other business and was ready to adjourn the plaintiff moved for judgment upon said complaint.
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This was a civil action heard before Norwood, J., at Spring Term, 1898, of the Superior Court of Dare County. The plaintiff moved for judgment upon his verified complaint, filed on the first day of the Term. The defendant did not appear, and was not represented by any one, and upon the last call of the appearance docket, as the Court had finished its other business and was ready to adjourn the plaintiff moved for judgment upon said complaint. Motion denied, and plaintiff excepted. The plaintiff then moved for judgment by default and inquiry. Motion denied, and plaintiff excepted. Messrs.…
1Opinion of the Court
Clark, J.:
The complaint was for an unliquidated account and duly verified. No answer having been filed, the plaintiff was entitled to judgment by default and inquiry (Code, Section 386) and from its refusal an appeal lay. Griffin v. Light Co., 111 N. C., 434; Curran v. Kerchner, 117 N. C., 264. If the defendant had appeared and asked for time to file. answer, its allowance would have been in the unreviewable discretion of the Court. Code, Section 274; Mallard v. Patterson, 108 N. C., 255. Though such extension of time is a practice not to be encouraged. Dempsey v. Rhodes, 93 N. C., 120;…
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- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
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