Gardner v. Price

BáRNHill, C. J.

The appellants in their oral argument rested their case squarely on the contention that the judgment by default final entered in 1944 is void, and that, therefore, they are not barred by lapse of time. Monroe v. Niven, 221 N.C. 362, 20 S.E. 2d 311. This contention cannot be sustained. Where a judge enters a judgment by default final when the complaint will not support anything more than a judgment by default and inquiry, the judgment is irregular and voidable— not void — at the election of the defendants. Ellis v. Ellis, 190 N.C. 418, 130 S.E. 7; Finger v. Smith, 191 N.C. 818,…