Whitaker v. Continental Casualty Co.

The opinion of the court was delivered by

Robb, J.:

This is an appeal by plaintiff below from the trial court’s orders vacating a default judgment, and setting aside a money judgment and allowance of attorney fees, pursuant to G. S. 1949, 60-3007, after the trial court found defendant’s attorney had been attorney of record on August 31, 1962, the date such default judgment was entered.

Following demand therefor, plaintiff commenced this action by reason of defendant’s refusal to pay benefits alleged to be due him under the terms of his policy with the defendant insurance company.

The record…