Junge v. MacKnight
Supreme Court of North Carolina
ActioN by W. P. Junge and another against H. P. Mac-Knight, heard by Judge G. M. Goólce, at September Term, 1903, of the Superior Court of Moore County. Prom a judgment for the plaintiff the defendant appealed.
1Concurrence
ClaeK, O. J.,
concurring. The Code, section 385, allows a judgment by default final at the return term “on failure of the defendant to answer,” upon a verified complaint *108alleging an express or implied contract to pay a “sum of money fixed by tlie terms of the contract, or capable of being ascertained therefrom by computation.” And section 386 provides: “In all other actions, except those mentioned in the preceding section, when the defendant shall fail to answer and upon a like proof (as to service of summons, etc.), judgment by default and inquiry shall be had at the return term, and inquiry…
2Cases cited6 opinions
- State Ex Rel. Battle v. BairdSupreme Court of North Carolina · 1896
- Stewart v. . BryanSupreme Court of North Carolina · 1897
- Brown v. Rhinehart Bros.Supreme Court of North Carolina · 1893
- Jones v. . BestSupreme Court of North Carolina · 1897
- McLeod v. . NimocksSupreme Court of North Carolina · 1898
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