Goudie v. William Norwitz Co.

HOOD, Chief Judge:

This appeal is from the refusal of the trial court to set aside a judgment by default entered by the Clerk of the trial court. Appellant attacks the default judgment on several grounds. Finding one of those grounds valid, we reverse and do not pass upon the other grounds.

GS Civ.Rule 55(a) (1), in existence at the time the default judgment was entered, provided:

In any action arising ex contractu, when the plaintiff’s claim against a defendant is for a sum certain or for a sum which by computation may be made certain, and the plaintiff shall have filed, at the time of bringing…