Quaker Furniture House, Inc. v. Ball

HEDRICK, Judge.

Plaintiff assigns as error the order of the trial court setting aside the default judgment. Plaintiff concedes that service of the answer was had upon it within the thirty-day perjod after service of the summons and complaint prescribed by G.S. 1A-1, Rule 12(a) (1), but argues that the portion of G.S. 1A-1, Rule 5(d) which provides, “All pleadings subsequent to the complaint shall be filed with the court,” entitles it to a default judgment since the answer was not filed with the court until some thirty-five days after service of the summons and complaint. We do not agree.

Under…