Brooks v. . White
Supreme Court of North Carolina
Appeal by plaintiff from Sinclair, J., at chambers, 27 March, 1924. This was an action to recover tbe balance due on an account for goods sold and delivered. Tbe defendants were sued jointly and a joint judgment askecl against them.
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Appeal by plaintiff from Sinclair, J., at chambers, 27 March, 1924. This was an action to recover tbe balance due on an account for goods sold and delivered. Tbe defendants were sued jointly and a joint judgment askecl against them. The defendant J. L. White filed answer, 8 December, 1923, and the defendant J. F. White tendered his answer on 5 December, 1923. On 17 December, 1923, after notice to defendant J. F. White, dhe plaintiff moved for judgment before the clerk of the Superior Court of Granville. The clerk rendered judgment by default final against him. The plaintiff did not move for…
1Opinion of the CourtClark, C. J.
The only point presented is whether the plaintiff was entitled to judgment by default final against the defendant J. F. White. The complaint was served on this defendant 7. November,'1923, and he did not attempt to file answer until 5 December — eight days after t*he expiration of the time for filing answer or demurrer.
Subsection 3, section 1 of chapter 92, Laws Extra Session 1921, is as follows: “The answer, or demurrer shall be filed within twenty days after the return day, or after service of the complaint upon each of the defendants, or within twenty days after the final determination of…
2Cases cited3 opinions
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- In Re PetersonSupreme Court of North Carolina · 1904
- Lerch Bros., Inc. v. McKinneSupreme Court of North Carolina · 1923
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- Cotton States Mutual Insurance v. KeefeSupreme Court of Georgia · 1960
- Supply Co. v. . Plumbing Co.Supreme Court of North Carolina · 1928
- Pacific Micronesian Lines, Inc. v. New Zealand Insurance Company, Ltd.Court of Appeals for the Ninth Circuit · 1966
- State v. Vance Plumbing & Electric Co.Supreme Court of North Carolina · 1928
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